Incomplete Divisional

FRED

FRED BEVERAGES, INC.

TRADEMARK APPLICATION NO. 78861122 - FRED - N/A

UNITED STATES DEPARTMENT OF COMMERCE

To:	FRED BEVERAGES, INC. (jayspiegel@aol.com)
Subject:	TRADEMARK APPLICATION NO. 78861122 - FRED - N/A
Sent:	1/31/2008 6:42:56 AM
Sent As:	EComITU
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 78/861122

APPLICANT: FRED BEVERAGES, INC.

*78861122*

January 31, 2008

CORRESPONDENT ADDRESS:

H. Jay Spiegel

H. JAY SPIEGEL & ASSOCIATES

PO BOX 11

MOUNT VERNON VA 22121-0011

RETURN ADDRESS:

Commissioner for Trademarks

P. O. Box 1451

Alexandria, VA 22313-1451

MARK: FRED

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

jayspiegel@aol.com

Please provide in your correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Notice.

3. Attn: Intent to Use Unit

4. Your telephone number and e-mail address.

NOTICE OF INCOMPLETE DIVISIONAL REQUEST

TO AVOID THE DENIAL OF YOUR REQUEST TO DIVIDE THE APPLICATION, WE MUST RECEIVE A PROPER RESPONSE TO THIS NOTICE WITHIN THIRTY (30) OF OUR MAILING OR E-MAILING DATE.

Serial Number 78/861122

The request to divide the above-identified application, filed on November 14, 2007, is incomplete and cannot be processed until a $375.00 fee is submitted. Applicant has thirty (30) days from the date of this Office action to submit the required fee.

The fee for a request to divide is $100 for each new application created. No additional application filing fee is required unless an applicant wants to divide some, but not all, of the goods or services identified in one class. In such cases, the application fee of $375 per class must be submitted for each new application created. 37 C.F.R. §2.6(a)(1)(i); TMEP §1110.02.

Note: The divisional fee of $100.00 was received and processed. The filing fee of $325.00 was refunded.

Please contact the undersigned with any questions.

Sincerely,

/Lynette Patterson/

Lynette Patterson

Paralegal Specialist

ITU/Divisional Unit

(571) 272-9507

(571) 273-9507 (Fax)

email: lynette.patterson@uspto.gov

How to respond to this Office Action:

Your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

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

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE INTENT TO USE UNIT.