| 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 |
76678137 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (035)(current) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| Association services, namely, promoting the interests of air taxi and air charter providers and the air transportation model of direct
personal flights for the benefit of businesses, individuals and communities |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 03/04/2007 |
| FIRST USE IN COMMERCE DATE |
At least as early as 04/28/2007 |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (035)(proposed) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| Association services, namely, promoting the interests of air taxi and air charter providers and the air transportation model of direct
personal flights for the benefit of businesses, individuals and communities on behalf of air taxi and air charter providers and associate members who are vendors or users of air taxi and air charter
providers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 03/04/2007 |
| FIRST USE IN COMMERCE DATE |
At least as early as 04/28/2007 |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (042)(current) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| Providing temporary use of on-line non-downloadable software for aircraft transportation services, namely, providing information
concerning airports, flight distance, and flight time by aircraft type and the time savings of air taxi and air charter flights versus using other commercial airports, and travel reservation services
for making reservations and bookings for air taxi and air charter transportation |
| FILING BASIS |
Section 1(a) |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (042)(proposed) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| Providing temporary use of on-line non-downloadable software for aircraft transportation services, namely, software for providing
information concerning airports, flight distance, and flight time by aircraft type and the time savings of air taxi and air charter flights versus using other commercial airports, and software in the
field of travel reservation services for making reservations and bookings for air taxi and air charter transportation |
| FILING BASIS |
Section 1(a) |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
| RESPONSE SIGNATURE |
/John C. McElwaine/ |
| SIGNATORY'S NAME |
John C. McEwaine |
| SIGNATORY'S POSITION |
Attorney of record, SC Bar Member |
| DATE SIGNED |
09/05/2008 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Sep 05 13:06:14 EDT 2008 |
| TEAS STAMP |
USPTO/RFR-XX.XXX.XX.XX-20
080905130614610605-766781
37-4308c6ae72b3155daa47e0
f4552d91eebb-N/A-N/A-2008
0905130114781522 |
| 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.
76678137 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Association services, namely, promoting the interests of air taxi and air charter providers and the air transportation model of direct personal flights for the benefit
of businesses, individuals and communities
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)).
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/04/2007 and first used in commerce at least as early as 04/28/2007, and is
now in use in such commerce.
Proposed: Class 035 for Association services, namely, promoting the interests of air taxi and air charter providers and the air transportation model of direct personal flights for the benefit
of businesses, individuals and communities on behalf of air taxi and air charter providers and associate members who are vendors or users of air taxi and air charter providers
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)).
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/04/2007 and first used in commerce at least as early as 04/28/2007, and is
now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of on-line non-downloadable software for aircraft transportation services, namely, providing information concerning airports, flight distance,
and flight time by aircraft type and the time savings of air taxi and air charter flights versus using other commercial airports, and travel reservation services for making reservations and bookings
for air taxi and air charter transportation
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)).
The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended, but
has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or
services.
Proposed: Class 042 for Providing temporary use of on-line non-downloadable software for aircraft transportation services, namely, software for providing information concerning airports,
flight distance, and flight time by aircraft type and the time savings of air taxi and air charter flights versus using other commercial airports, and software in the field of travel reservation
services for making reservations and bookings for air taxi and air charter transportation
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)).
The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended, but
has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or
services.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Request for Reconsideration Signature
Signature: /John C. McElwaine/ Date: 09/05/2008
Signatory's Name: John C. McEwaine
Signatory's Position: Attorney of record, SC 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: 76678137
Internet Transmission Date: Fri Sep 05 13:06:14 EDT 2008
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20080905130614610
605-76678137-4308c6ae72b3155daa47e0f4552
d91eebb-N/A-N/A-20080905130114781522