TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)

OMB No. 0651-.... (Exp. 08/31/2004)

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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. 77475319 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 009 for Computer software for commercial real estate loan stress test by banks and financial institutions
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)).

In International Class 009, the mark was first used at least as early as 06/01/2006 and first used in commerce at least as early as 01/01/2007.

Proposed: Class 009 for Computer software for commercial real estate loan stress test by banks and financial institutions
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)).

In International Class 009, the mark was first used at least as early as 06/01/2006. and first used in commerce at least as early as 01/01/2007.

Applicant hereby submits a new specimen for Class 009. The specimen(s) submitted consists of Screenshot of the Crest Application.
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: banker's toolbox, inc., a corporation of California, having an address of
      suite 610
      north hollywood, California 91606
      United States

      818-432-1939
      818-432-1901
Proposed: banker's toolbox, inc., a corporation of Texas, having an address of
      10431 Morado Circle, Suite 300
      Austin, Texas 78759
      United States
      XXXX
      512-279-5700
      512-279-5701

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Current:
BANKER'S TOOLBOX, INC.
BANKER'S TOOLBOX, INC.
6400 LAUREL CANYON BLVD STE 610
NORTH HOLLYWOOD, CA 91606-1572

Proposed:
Saira Ali of Banker's Toolbox, Inc., having an address of
10431 Morado Circle, Suite 300 Austin, Texas 78759
United States
saira@bankerstoolbox.com
512-279-5790
512-279-5701



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. 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. Section1001, 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. Section1051(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: /saira ali/      Date: 05/28/2010
Signatory's Name: Saira Ali
Signatory's Position: Marketing Officer

Request for Reconsideration Signature
Signature: /saira ali/     Date: 05/28/2010
Signatory's Name: Saira Ali
Signatory's Position: Marketing Officer

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 77475319
Internet Transmission Date: Fri May 28 16:35:16 EDT 2010
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201005281635163
26629-77475319-4608034fcce4593abe6f76b3e
e3b3a0361a-N/A-N/A-20100528162931266494