PTO Form (Rev 4/2000) |
OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
76392855 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION (no change) |
ARGUMENT(S) |
In her office action, Trademark Examining Attorney refused to accept the consent agreement submitted by Applicant on May 24, 2011 on the basis that
it was only signed by the Registrant and not Applicant. In response, Applicant now submits the same consent agreement that has now been signed by Applicant.
In view of the above, Applicant respectfully requests that Trademark Examining Attorney approve Applicant's application for publication.
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_70242139118-125621658_._Letter_of_Consent_from_Lacidem__fully_executed_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT11\IMAGEOUT11\763\928\76392855\xml9\RFR0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
consent agreement |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/aph72met/ |
SIGNATORY'S NAME |
Annette P. Heller |
SIGNATORY'S POSITION |
Attorney of record, Missouri bar member |
DATE SIGNED |
08/03/2011 |
RESPONSE SIGNATURE |
/aph72met/ |
SIGNATORY'S NAME |
Annette P. Heller |
SIGNATORY'S POSITION |
Attorney of record, Missouri bar member |
DATE SIGNED |
08/03/2011 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Aug 03 13:03:00 EDT 2011 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XXX.XXX-
20110803130300994267-7639
2855-480682d3431ae8c2b19a
e27c8b39bbc716-N/A-N/A-20
110803125621658523 |
PTO Form (Rev 4/2000) |
OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
76392855 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In her office action, Trademark Examining Attorney refused to accept the consent agreement submitted by Applicant on May 24, 2011 on the basis that it was only signed by the Registrant and not
Applicant. In response, Applicant now submits the same consent agreement that has now been signed by Applicant.
In view of the above, Applicant respectfully requests that Trademark Examining Attorney approve Applicant's application for publication.
EVIDENCE
Evidence in the nature of consent agreement has been attached.
Original PDF file:
evi_70242139118-125621658_._Letter_of_Consent_from_Lacidem__fully_executed_.pdf
Converted PDF file(s) (1 page)
Evidence-1
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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 and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. 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. Section 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. Section 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: /aph72met/ Date: 08/03/2011
Signatory's Name: Annette P. Heller
Signatory's Position: Attorney of record, Missouri bar member
Request for Reconsideration Signature
Signature: /aph72met/ Date: 08/03/2011
Signatory's Name: Annette P. Heller
Signatory's Position: Attorney of record, Missouri bar member
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 76392855
Internet Transmission Date: Wed Aug 03 13:03:00 EDT 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201108031303009
94267-76392855-480682d3431ae8c2b19ae27c8
b39bbc716-N/A-N/A-20110803125621658523