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 |
76583689 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION (no change) |
ARGUMENT(S) |
The substitute specimen was in use in commerce prior to the expiration of the time allowed for filing a statement of use. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_20842115217-163227670_._projexit_shipping_label.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT7\IMAGEOUT7\765\836\76583689\xml1\RFR0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
Shipping Label |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Electric lighting fixtures |
FIRST USE ANYWHERE DATE |
At least as early as 05/28/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/28/2006 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Electric lighting fixtures |
FIRST USE ANYWHERE DATE |
At least as early as 05/28/2006 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/28/2006 |
STATEMENT TYPE |
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline
for filing a Statement of Use (SOU)." |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-20842115217-163227670_._projexit_shipping_label.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT7\IMAGEOUT7\765\836\76583689\xml1\RFR0003.JPG |
SPECIMEN DESCRIPTION |
Shipping Label |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Thomas W. Gow/ |
SIGNATORY'S NAME |
Thomas W. Gow |
SIGNATORY'S POSITION |
President |
DATE SIGNED |
06/10/2009 |
RESPONSE SIGNATURE |
/Steven C. Opheim/ |
SIGNATORY'S NAME |
Steven C. Opheim |
SIGNATORY'S POSITION |
Attorney of record, MN bar member 169080 |
DATE SIGNED |
06/10/2009 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 10 16:38:37 EDT 2009 |
TEAS STAMP |
USPTO/RFR-XXX.XX.XXX.XXX-
20090610163837340514-7658
3689-430a6abfb5893e32fc42
2a7f6e9d189ec82-N/A-N/A-2
0090610163227670393 |
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.
76583689 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The substitute specimen was in use in commerce prior to the expiration of the time allowed for filing a statement of use.
EVIDENCE
Evidence in the nature of Shipping Label has been attached.
Original PDF file:
evi_20842115217-163227670_._projexit_shipping_label.pdf
Converted PDF file(s) (1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Electric lighting fixtures
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
In International Class 011, the mark was first used at least as early as 05/28/2006 and first used in commerce at least as early as 05/28/2006.
Proposed: Class 011 for Electric lighting fixtures
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).
In International Class 011, the mark was first used at least as early as 05/28/2006. and first used in commerce at least as early as 05/28/2006.
Applicant hereby submits a new specimen for Class 011. The specimen(s) submitted consists of Shipping Label.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-20842115217-163227670_._projexit_shipping_label.pdf
Converted PDF file(s) (1 page)
Specimen File1
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 or services listed in the application as of the application filing
date. 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. 244. 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: /Thomas W. Gow/ Date: 06/10/2009
Signatory's Name: Thomas W. Gow
Signatory's Position: President
Request for Reconsideration Signature
Signature: /Steven C. Opheim/ Date: 06/10/2009
Signatory's Name: Steven C. Opheim
Signatory's Position: Attorney of record, MN bar member 169080
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: 76583689
Internet Transmission Date: Wed Jun 10 16:38:37 EDT 2009
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-200906101638373
40514-76583689-430a6abfb5893e32fc422a7f6
e9d189ec82-N/A-N/A-20090610163227670393