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UNITED STATES PATENT AND TRADEMARK OFFICE

REGISTRATION NO: 2553116 September 24, 2009

REGISTRANT: MIRACLE PRODUCTS , LLC


75612705
CORRESPONDENT ADDRESS: RETURN ADDRESS:

MYRON AMER Commissioner for Trademarks


P.O. Box 1451
MYRON AMER, P.C. Alexandria, VA 22313-1451
350 NATIONAL BLVD, SUITE 2B
LONG BEACH NY 11561-3327

MARK: MIRACLE MILLENNIUM JUICER

CORRESPONDENT’S REFERENCE/DOCKET NO : P-1677-49 Please provide in all correspondence:

1. Registration date, registration


number, mark and registrant's name.
2. Date of this Office Action.
CORRESPONDENT EMAIL ADDRESS: 3. Examiner's name and Post
Registration Division.
4. Your telephone number and e-mail
address.

POST REGISTRATION FINAL OFFICE ACTION

Registration Number 2553116

Your September 3, 2009 response has been considered. However, for the reasons explained below, the
combined Section 8 and 15 declaration remains unacceptable.

In this response, you assert that the first assignment of record in the USPTO Assignment Services
Branch, which transferred the registration from Miracle Exclusives, Inc., the original registrant, to Miracle
Products, LLC, is fraudulent. However, the USPTO has no evidence and you have provided no evidence
to support this assertion.

Furthermore, a search of the online records of the NYS Department of State, Division of
Corporations (website found at http://www.dos.state.ny.us/about/recordslist.htm) discloses that Elliott
Gordon, the individual who signed the October 20, 2005 assignment agreement of record as "president" of
Miracle Exclusives, Inc., is also listed as "chairman" or "chief executive officer" of Miracle Exclusives,
Inc. in the NY database. Therefore, based on the records of the the state of New York and the assignment
agreement of record with the USPTO, it appears Mr. Gordon was legally authorized to sign the assignment
agreement on behalf of Miracle Exclusives, Inc. transferring ownership of the registration.
Even assuming, arguendo, that additional explanatory evidence was made available to show that the first
assignment was indeed fraudulent, it is noted that the second assignment of record with the USPTO,
purports to transfer ownership of the registration to Miracle Specialty Products, Inc.(effective December
20, 2007, per an assignment agreement, also of record). However, the Section 8 and 15 was filed in the
name of Miracle Exclusives, Inc. Therefore, the Section 8/15 was not filed in the name of the current
owner upon consideration of either "assignment" transaction."

OPTION TO PETITION

If you continue to disagree with this refusal to accept the Section 8/15 Affidavit, you may file a
PETITON to the Director to review this decision. 37 C.F.R. §§2.146(a)(2) and 2.165; TMEP §1604.18 et
seq. The petition must be filed within six months from the issuance date of this letter and be accompanied
by a fee of $100. 37 C.F.R. §§2.6, 2.146(a)(2) and 2.165(b). Any facts to be proven on petition must be
in the form of an affidavit or declaration under 37 C.F.R. §2.20; and signed by someone with firsthand
knowledge of the facts to be proved. 37 C.F.R. §2.146(c).

Please Note: Filing a Section 8 in the name of the wrong entity cannot be corrected
after the expiration of the statutory filing period, even upon petition.

/Territa Gray/

How to respond to this Office Action:

To respond formally via regular mail, your response should be sent to the mailing Return Address listed
above and include the registration number, the words 'PETITION’ 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.uspto.gov/