Response to Office Action

SLIDER

MPDIRECT, INC.

Response to Office Action

PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78611692
LAW OFFICE ASSIGNED LAW OFFICE 101
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 028
DESCRIPTION
A golf ball marker cap or belt clip to place on a baseball cap
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2004
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2004
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 028
DESCRIPTION
Golf ball marker holders featuring clips for attachment to clothing.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2004
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2004
        STATEMENT TYPE "The substitute specimen(s) was in use in commerce as of the filing date of the application."
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT8\IMAGEOUT8 \786\116\78611692\xml4\RO A0002.JPG
        SPECIMEN DESCRIPTION A photograph that shows the mark on the packaging of the goods. The mark used is a to identify a type of golf ball marker holder, specifically, the golf ball marker slides under the clip holder.
SIGNATURE SECTION
DECLARATION SIGNATURE /Lonnie Lawrence/
SIGNATORY NAME Lonnie Lawrence
SIGNATORY POSITION President
SIGNATURE DATE 12/17/2005
RESPONSE SIGNATURE /Lonnie Lawrence/
SIGNATORY NAME Lonnie Lawrence
SIGNATORY POSITION President
SIGNATURE DATE 12/17/2005
FILING INFORMATION SECTION
SUBMIT DATE Sat Dec 17 13:01:03 EST 2005
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20051217130103285209-7861
1692-3201bfa34893a4513581
f0953fede6b7be-N/A-N/A-20
051217122559865435



PTO Form 1957 (Rev 5/2006)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:


Application serial no. 78611692 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 028 for A golf ball marker cap or belt clip to place on a baseball cap
Original Filing Basis: 1(a).
Proposed: Class 028 for Golf ball marker holders featuring clips for attachment to clothing.
Section 1(a), Use in Commerce: The mark was first used at least as early as 01/01/2004 and first used in commerce at least as early as 01/01/2004, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 028.
The specimen(s) submitted consists of A photograph that shows the mark on the packaging of the goods. The mark used is a to identify a type of golf ball marker holder, specifically, the golf ball marker slides under the clip holder..

For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, 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. §1051(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: /Lonnie Lawrence/      Date: 12/17/2005
Signatory's Name: Lonnie Lawrence
Signatory's Position: President

Response Signature

Signature: /Lonnie Lawrence/     Date: 12/17/2005
Signatory's Name: Lonnie Lawrence
Signatory's Position: President
        
Serial Number: 78611692
Internet Transmission Date: Sat Dec 17 13:01:03 EST 2005
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200512171301032
85209-78611692-3201bfa34893a4513581f0953
fede6b7be-N/A-N/A-20051217122559865435


Response to Office Action [image/jpeg]


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