Section 7 Request

PTO- 1597

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1597

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 3662282 B?VEDA (Stylized and/or with Design, see http://uspto.report/TM/76690145/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: B?VEDA (Stylized and/or with Design, see http://uspto.report/TM/76690145/mark.png)
Proposed (USPTO generated image): BOVEDA (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

Registrant hereby submits a specimen for the mark that was in use in commerce on or before the filing date of this request. The specimen(s) submitted consists of Screen capture of Registrant's website displaying the mark in connection with the goods, along with means for ordering the goods. Specimen File1
Webpage URL: http://store.bovedainc.com/collections/boveda-for-tobacco/products/tobacco-boveda-size-60
Webpage Date of Access: 03/02/2021

EXPLANATION OF FILING
The Registrant no longer uses the accent above the letter "O" and requests the accent be removed. Registrant does not believe this to be a material alteration of the mark and would not require republication of the mark.  In addition, Registrant requests correction of the mark details to reflect a "standard character" designation and the mark to be displayed in standard characters as BOVEDA. This request is made with good cause. The current designation of this mark as "stylized" appears to be an error by the USPTO. A review of the file history, and particularly the application as filed, demonstrates that the Registrant intended for the term BOVDEA to be in standard characters. The letter that accompanied the paper filing of the application on May 30, 2008 uses the same typewriter-style font throughout the document. The application submitted also uses the same typewriter-style font throughout the document, not just with respect to the term BOVEDA. Finally, the specimen submitted with the application shows the mark in a different font or typeface, demonstrating further that the intention at the time of the application was for the term BOVEDA to be accepted as a standard characters. Registrant respectfully requests amendment of the mark so it is displayed in standard characters as BOVEDA as intended by the application when it was filed.



OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: BOVEDA INC., a corporation of Minnesota, having an address of
      10237 Yellow Circle Drive
      Minnetonka, Minnesota 55343
      United States
      XXXX
Proposed: BOVEDA INC., a corporation of Minnesota, having an address of

      10237 Yellow Circle Drive
      Minnetonka, Minnesota 55343
      United States
      XXXX


The owner's/holder's current attorney information: Michael T. Olsen. Michael T. Olsen of WINTHROP & WEINSTINE, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      CAPELLA TOWER, SUITE 3500
      225 SOUTH SIXTH STREET
      MINNEAPOLIS, Minnesota 55343
      United States
The docket/reference number is 8140.32.

The phone number is 612-604-6470.

The email address is trademark@winthrop.com

The owner's/holder's proposed attorney information: Michael T. Olsen. Other appointed attorneys are Timothy D. Sitzmann, Nadeem W. Schwen, Alicia G. Mills, Brian R. Pollack, Alexander S. Park. Michael T. Olsen of WINTHROP & WEINSTINE, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      CAPELLA TOWER, SUITE 3500
      225 SOUTH SIXTH STREET
      MINNEAPOLIS, Minnesota 55343
      United States
The docket/reference number is 8140.32.

The phone number is 612-604-6470.

The email address is trademark@winthrop.com

Michael T. Olsen submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Michael T. Olsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): molsen@winthrop.com; jbriley@winthrop.com
Correspondence Information (proposed):
      Michael T. Olsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@winthrop.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): molsen@winthrop.com; jbriley@winthrop.com

The docket/reference number is 8140.32.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
Registrant filed the same Section 7 Amendment on July 22, 2019. However, due to an error on the USPTO website, a filing receipt was not received and the document was not recorded. Registrant also payed the required fee on July 22, 2019 and therefore, is not paying the fee for this request.


The undersigned has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /mto/      Date: 03/12/2021
Signatory's Name: Michael T. Olsen
Signatory's Position: Attorney of Record, Minnesota Bar Member
Signature method: Sent to third party for signature

Request Signature
Signature: /mto/     Date: 03/12/2021
Signatory's Name: Michael T. Olsen
Signatory's Position: Attorney for Applicant

Signature method: Sent to third party for signature
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if filed in conjunction with a pending post-registration filing, and if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    Michael T. Olsen
   WINTHROP & WEINSTINE, P.A.
   CAPELLA TOWER, SUITE 3500
   225 SOUTH SIXTH STREET
   MINNEAPOLIS, Minnesota 55343
Mailing Address:    Michael T. Olsen
   WINTHROP & WEINSTINE, P.A.
   CAPELLA TOWER, SUITE 3500
   225 SOUTH SIXTH STREET
   MINNEAPOLIS, Minnesota 55343
        
Serial Number: 76690145
Internet Transmission Date: Fri Mar 12 15:27:37 ET 2021
TEAS Stamp: USPTO/S7R-XXX.XXX.XXX.XXX-20210312152737
630810-3662282-770d1b646f3a33224a4a55207
ef84b23bd1d43333cccda8fc1a80152144ed8fc5
-N/A-N/A-20210309171613284245