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 |
77557993 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION (no change) |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer software and hardware development kit comprised primarily of application boards, card engines, microprocessors, computer
cables, power supply and power adaptors |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/11/1999 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/11/1999 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer software and hardware development kit comprised primarily of application boards, card engines, microprocessors, computer
cables, power supply and power adaptors |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 01/11/1999 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/11/1999 |
STATEMENT TYPE |
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the
application." |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT8\IMAGEOUT8 \775\579\77557993\xml1\RF R0002.JPG |
SPECIMEN DESCRIPTION |
Digital photograph of an application board showing use of Applicant's LOGIC mark |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Bradley J. Walz/ |
SIGNATORY'S NAME |
Bradley J. Walz |
SIGNATORY'S POSITION |
Attorney of record, Minnesota bar member |
DATE SIGNED |
11/12/2009 |
RESPONSE SIGNATURE |
/Bradley J. Walz/ |
SIGNATORY'S NAME |
Bradley J. Walz |
SIGNATORY'S POSITION |
Attorney of record, Minnesota bar member |
DATE SIGNED |
11/12/2009 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Nov 12 14:27:52 EST 2009 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XX.XX-20
091112142752527580-775579
93-46085fda2fec0bb5dda228
c6cbe2529dd-N/A-N/A-20091
112141400165103 |
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.
77557993 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 and hardware development kit comprised primarily of application boards, card engines, microprocessors, computer cables, power supply and power
adaptors
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, 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. The mark was first used at least as early as 01/11/1999 and first used in commerce at least as early as 01/11/1999, and is
now in use in such commerce.
Proposed: Class 009 for Computer software and hardware development kit comprised primarily of application boards, card engines, microprocessors, computer cables, power supply and power
adaptors
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, 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. The mark was first used at least as early as 01/11/1999 and first used in commerce at least as early as 01/11/1999, and is
now in use in such commerce.
Applicant hereby submits a new specimen for Class 009. The specimen(s) submitted consists of Digital photograph of an application board showing use of Applicant's LOGIC mark.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1
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: /Bradley J. Walz/ Date: 11/12/2009
Signatory's Name: Bradley J. Walz
Signatory's Position: Attorney of record, Minnesota bar member
Request for Reconsideration Signature
Signature: /Bradley J. Walz/ Date: 11/12/2009
Signatory's Name: Bradley J. Walz
Signatory's Position: Attorney of record, Minnesota bar member
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 filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 77557993
Internet Transmission Date: Thu Nov 12 14:27:52 EST 2009
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20091112142752527
580-77557993-46085fda2fec0bb5dda228c6cbe
2529dd-N/A-N/A-20091112141400165103