Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78675976 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

In the Office action of September 6, 2006, the Examiner suspended further action in this application  pursuant to Section 716.02(a) of the Trademark Manual of Examining Procedure, pending resolution of the cancellation proceeding involving the cited registration, namely, Registration No. 1, 691,114 for the mark FINISH LINE.  That proceeding, designated no. 92046146, was dismissed as moot on June 13, 2007, in view of assignment of the cited regisration to Applicant.  That assignment has been recorded at Reel 3537, Frame 0643, and the instant application has been amended to recite Applicant's ownership of that registration.  Based on this change of ownership, Applicant requests that the suspension be lifted, that the refusal based on the '114 registration be withdrawn, and the instant application be passed to issue forthwith.

In the event there are questions or comments concerning this response, the Examiner is invited to contact the undersigned attorney.

Additional Statements

"Applicant claims ownership of U.S. Registration Number(s) 1691114."

Response Signature
Signature: /Mary M. Lee/     Date: 06/16/2007
Signatory's Name: Mary M. Lee
Signatory's Position: Attorney of record

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: 78675976
Internet Transmission Date: Sat Jun 16 15:45:39 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20070616154539400
773-78675976-37031a9d6a910a81f81dd52e371
1f6abc2c-N/A-N/A-20070616153157781585