TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 76711939 CHARLES VIANCIN(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76711939) 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 021 for bake-in-oven boxes; cookery moulds; containers for household and cooking use not made of precious metals, nor plated; utensils for household and cooking use not made of precious metals, nor plated, namely universal sealing lids, steamers, microwave covers, potholders, cutting boards, colanders, double boilers, over boil protectors, tea infusers, moulds for freezing; plastic beakers, namely, wide-mouthed drinking cups for household use; cake moulds; household and kitchen implements neither of precious metal, nor electrical, namely, strainers, storage containers, bowls, serve ware, bottle stoppers, drink covers, silicone sealing lids; beverage glassware; tableware not of precious metal, namely, coffee services and tea services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 1022675 registered __________ with a renewal date of __________ and an expiration date of 07/31/2019 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: bake-in-oven boxes; cookery moulds; containers for household and cooking use not made of precious metals, nor plated; utensils for household and cooking use not made of precious metals, nor plated, namely universal sealing lids, steamers, microwave covers, potholders, cutting boards, colanders, double boilers, over boil protectors, tea infusers, moulds for freezing; utensils for household and cooking use not made of precious metals, nor plated, namely, universal sealing lids, steamers, cookware in the nature of food covers for use in microwave ovens, cutting boards, colanders, double boilers, cookware in the nature of over boil protectors, tea infusers; moulds for freezing; plastic beakers, namely, wide-mouthed drinking cups for household use; household and kitchen implements neither of precious metal, nor electrical, namely, strainers, storage containers, bowls, serve ware, bottle stoppers, drink covers, silicone sealing lids; cake moulds; household and kitchen implements neither of precious metal, nor electrical, namely, strainers, storage containers, bowls, servingware for serving food and drinks, bottle stoppers specially adapted for use with wine bottles, covers for drinking vessels, reusable self-sealing silicone lids for household use, reusable self-sealing silicone lids for bowls, cups, containers and the storage of food, and silcone sealing lids for cooking use; beverage glassware; tableware not of precious metal, namely, coffee services and tea servicesClass 021 for bake-in-oven boxes; cookery moulds; containers for household and cooking use not made of precious metals, nor plated; utensils for household and cooking use not made of precious metals, nor plated, namely, universal sealing lids, steamers, cookware in the nature of food covers for use in microwave ovens, cutting boards, colanders, double boilers, cookware in the nature of over boil protectors, tea infusers; moulds for freezing; plastic beakers, namely, wide-mouthed drinking cups for household use; cake moulds; household and kitchen implements neither of precious metal, nor electrical, namely, strainers, storage containers, bowls, servingware for serving food and drinks, bottle stoppers specially adapted for use with wine bottles, covers for drinking vessels, reusable self-sealing silicone lids for household use, reusable self-sealing silicone lids for bowls, cups, containers and the storage of food, and silcone sealing lids for cooking use; beverage glassware; tableware not of precious metal, namely, coffee services and tea services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 3381982 registered 09/26/2005 with a renewal date of __________ and an expiration date of 09/26/2015 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-2078624468-122534727_._2603547-foreign_registration_certificate.PDF
Converted PDF file(s) ( 9 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant hereby adds the following class of goods/services to the application:
New: Class 024 for pot holders
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e),Based on Foreign Registration: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ France registration number 3381982 registered 09/26/2005 with a renewal date of __________ and an expiration date of 09/26/2015 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRN0-2078624468-122534727_._2603547-foreign_registration_certificate.PDF
Converted PDF file(s) ( 9 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant would like to thank the Examiner again for her time discussing the amendment to the identification of goods with Applicant's counsel and for confirming that this amendment is acceptable.


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 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: /todd a denys/      Date: 11/29/2013
Signatory's Name: Todd A. Denys
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 609-924-8555


Request for Reconsideration Signature
Signature: /todd a denys/     Date: 11/29/2013
Signatory's Name: Todd A. Denys
Signatory's Position: Attorney of record, new Jersey bar member

Signatory's Phone Number: 609-924-8555

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: 76711939
RAM Accounting Date: 11/29/2013
        
Serial Number: 76711939
Internet Transmission Date: Fri Nov 29 12:41:17 EST 2013
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XX-2013112912411757
3726-76711939-500725d204f1d3e421cbbe4b4f
b6be448f32abb02e37626bbfca2899d35c5f4afc
-DA-12538-20131129122534727973