TEAS Request Reconsideration after FOA

NAVISTAR

Navistar International Corporation

TEAS Request Reconsideration after FOA

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 77207365
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION (no change)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT “The substitute specimen was in use in commerce prior to the time allowed applicant for filing a statement of use.”
SIGNATURE SECTION
DECLARATION SIGNATURE /Jeffrey P. Calfa, Reg. No. 37105/
SIGNATORY'S NAME Jeffey P. Calfa
SIGNATORY'S POSITION General Attorney, IL Bar Assoc.
DATE SIGNED 05/20/2009
RESPONSE SIGNATURE /Jeffrey P. Calfa, Reg. No. 37105/
SIGNATORY'S NAME Jeffrey P. Calfa
SIGNATORY'S POSITION General Attorney, IL Bar Assoc.
DATE SIGNED 05/20/2009
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Wed May 20 15:20:04 EDT 2009
TEAS STAMP USPTO/RFR-XXX.X.XXX.XXX-2
0090520152004542173-77207
365-4303d5719f3bcc318a432
497d2306f7dc1-N/A-N/A-200
90520151339022517



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. 77207365 has been amended as follows:

ADDITIONAL STATEMENTS
“The substitute specimen was in use in commerce prior to the time allowed applicant for filing a statement of use.”

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: /Jeffrey P. Calfa, Reg. No. 37105/      Date: 05/20/2009
Signatory's Name: Jeffey P. Calfa
Signatory's Position: General Attorney, IL Bar Assoc.

Request for Reconsideration Signature
Signature: /Jeffrey P. Calfa, Reg. No. 37105/     Date: 05/20/2009
Signatory's Name: Jeffrey P. Calfa
Signatory's Position: General Attorney, IL Bar Assoc.

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: 77207365
Internet Transmission Date: Wed May 20 15:20:04 EDT 2009
TEAS Stamp: USPTO/RFR-XXX.X.XXX.XXX-2009052015200454
2173-77207365-4303d5719f3bcc318a432497d2
306f7dc1-N/A-N/A-20090520151339022517



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