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. 77890738 ELLE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=77890738) 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 016 for (Based on Intent to Use) Table linen of paper, photo albums, wall décor, namely, art pictures, photographs, wall art, namely, prints, posters, photography, framed art, unframed art, paintings, canvas, stickers, wall stickers, art prints, movable wall murals; paperweights in the shape of figurines, Christmas decorations made of paper, Christmas figurines made of paper, holiday gifts, namely, desk accessories, pen holders, trays, book holders, letter openers, paper placemats, paperclip dispensers, desktop business card holders, decorative boxes made of cardboard; easels, paperweight
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.

The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Proposed:
Tracked Text Description: (Based on Intent to Use) Table linen of paper, photo albums, wall décor, namely, art pictures, photographs, wall art, namely, prints, posters, photography, framed art, unframed art, paintings, canvas, stickers, wall stickers, art prints, movable wall murals; paperweights in the shape of figurines, Christmas decorations made of paper, Christmas figurines made of paper, holiday gifts, namely, desk accessories, pen holders, trays, book holders, letter openers, paper placemats, paperclip dispensers, desktop business card holders, decorative boxes made of cardboard; paperweights in the shape of figurines, Christmas decorations made of paper, Christmas figurines made of paper, holiday gifts, namely, desk accessories in the nature of desk blotters, desk calendars, desk mount boards for reading and writing, Desk pads, Desk stands and holders for pens, pencils, and ink; pen holders, trays, namely, desk file trays, file trays, letter trays, pen and pencil trays, drafting trays, drawing trays, book holders, letter openers, paper placemats, paperclip dispensers, desktop business card holders, decorative boxes made of cardboard; easels, paperweightClass 016 for (Based on Intent to Use) Table linen of paper, photo albums, wall décor, namely, art pictures, photographs, wall art, namely, prints, posters, photography, framed art, unframed art, paintings, canvas, stickers, wall stickers, art prints, movable wall murals; paperweights in the shape of figurines, Christmas decorations made of paper, Christmas figurines made of paper, holiday gifts, namely, desk accessories in the nature of desk blotters, desk calendars, desk mount boards for reading and writing, Desk pads, Desk stands and holders for pens, pencils, and ink; pen holders, trays, namely, desk file trays, file trays, letter trays, pen and pencil trays, drafting trays, drawing trays, book holders, letter openers, paper placemats, paperclip dispensers, desktop business card holders, decorative boxes made of cardboard; easels, paperweight
Deleted Filing Basis: 1(a)
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Perla M. Kuhn/     Date: 12/02/2011
Signatory's Name: Perla M. Kuhn
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 212-912-2708

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: 77890738
Internet Transmission Date: Fri Dec 02 16:11:36 EST 2011
TEAS Stamp: USPTO/RFR-XX.XX.XX.XXX-20111202161136337
244-77890738-49095fa6c7a5edc1815b991dab7
9e1f9b56-N/A-N/A-20111202151820559294