Intent to Use Letter

VERITY

Kohler Co.

Intent to Use Letter

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 78/391374

APPLICANT: Kohler Co.

*78391374*

April 3, 2006

CORRESPONDENT ADDRESS:

Bradley L. Cohn

Pattishall, McAuliffe, Newbury, Hilliard

Suite 5000

311 S. Wacker Drive

Chicago IL 60606

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: VERITY

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examiner’s name and “Intent to Use Section”.

4. Your telephone number and e-mail address.

INTENT TO USE OFFICE ACTION

Serial Number 78/391374

The above-identified APPLICATION IS ABANDONED because the statement of use was filed after the expiration of the current extension period. The statement of use is untimely and will not be reviewed. All fees will be refunded in due course.

A statement of use is required to be filed within six months following the issuance of a notice of allowance or during an existing extension period. 15 U.S.C. §1051(d); 37 C.F.R. §2.88(a); TMEP §1109.04. In this case, the statement of use was due on or before March 15, 2006. However, the statement of use was filed on March 16, 2006.

APPLICANT’S OPTIONS: Applicant has the option to (1) file a petition to revive this application under 37 C.F.R. §2.66 before expiration of the two month period after the mailing date of the notice of abandonment (the notice of abandonment will issue shortly after this Office action), or (2) file a new application. Please view the online information sheet at http://www.gov.uspto.report/teas/petinfo.htm for information about petitions to revive. Applicant is encouraged to file a petition to revive online using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html.

Please call the undersigned with any questions.

John Wood

Supervisor, Legal Instrument Examiners

ITU/Divisional Unit

571-272-9515

If a response to this Office Action is required, you may:

Respond via regular mail. Your response should be sent to the “Return Address” identified above and include the serial number, the mark, the applicant’s name, the words “Response to Intent to Use Office Action” and your telephone number.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm