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 |
76682635 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (011)(current) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
and light emitting diode illuminators for use in illuminating an object viewed through a lens |
FILING BASIS |
Section 1(a) |
GOODS AND/OR SERVICES SECTION (011)(proposed) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
light emitting diode illuminators for use in illuminating an object viewed through a lens |
FILING BASIS |
Section 1(a) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/neal l. slifkin/ |
SIGNATORY'S NAME |
Neal L. Slifkin |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
01/14/2009 |
RESPONSE SIGNATURE |
/neal l. slifkin/ |
SIGNATORY'S NAME |
Neal L. Slifkin |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
01/14/2009 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jan 14 12:34:53 EST 2009 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XXX.XXX-
20090114123453052846-7668
2635-4402b2a8e535d7123274
8ae202dc036ff-DA-7556-200
90114122907730184 |
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.
76682635 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 011 for and light emitting diode illuminators for use in illuminating an object viewed through a lens
Original Filing Basis:
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 011 for light emitting diode illuminators for use in illuminating an object viewed through a lens
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.
FEE(S)
Fee(s) in the amount of $325 is being submitted.
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: /neal l. slifkin/ Date: 01/14/2009
Signatory's Name: Neal L. Slifkin
Signatory's Position: Attorney of Record
Request for Reconsideration Signature
Signature: /neal l. slifkin/ Date: 01/14/2009
Signatory's Name: Neal L. Slifkin
Signatory's Position: Attorney of Record
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.
RAM Sale Number: 7556
RAM Accounting Date: 01/14/2009
Serial Number: 76682635
Internet Transmission Date: Wed Jan 14 12:34:53 EST 2009
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-200901141234530
52846-76682635-4402b2a8e535d71232748ae20
2dc036ff-DA-7556-20090114122907730184