Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77861453 has been amended as follows:

ADDITIONAL STATEMENTS
Section 2(f), in part, Prior Registration(s)
MARK has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 76307101.

Section 2(f), in part, based on Evidence
MARK has become distinctive of the goods/services, as demonstrated by the attached evidence.
2(f) evidence-1

(1) THE SAME MARK WITH SERIAL NO. 76307101 HAS BEEN CLASSIFIED AS "ABANDONED" -FAILURE TO RESPOND OR LATE RESPONSE ON 07/14/2003 SINCE OUR OFFICE NEVER RECVEIVED YOUR NOTICE AND/OR ACTION DUE TO OUR CHANGE OF ADDRESS. APPLICANT HAS SPENT SUBSTANTIAL MONEY FOR ADVERTISEMENT OF THE MARK (2) APPLICANT IS THE OWNER OF rEGISTRATION NO. 2896650 AND HAS ASSIGNED TO WORLD PRODUCTS CLUB,INC. WITH APPLICANT, PETER TRI LEE, AS PRESIDENT.

Section 2(f), in part, based on Use
MARK has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /PETER TRI LEE/      Date: 06/01/2010
Signatory's Name: PETER TRI LEE
Signatory's Position: PRESIDENT

Response Signature
Signature: /PHO VAN PHAM/     Date: 06/01/2010
Signatory's Name: PHO VAN PHAM
Signatory's Position: ATTORNEY

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77861453
Internet Transmission Date: Tue Jun 01 20:52:43 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201006012052434
72406-77861453-4604dbb4212241acb16b2b416
89155f2236-N/A-N/A-20100601194202328790