TEAS Request Reconsideration after FOA

TREAD

Devon Motorworks, LLC

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 77928697
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (003)(no change)
GOODS AND/OR SERVICES SECTION (009)(no change)
GOODS AND/OR SERVICES SECTION (014)(no change)
GOODS AND/OR SERVICES SECTION (016)(no change)
GOODS AND/OR SERVICES SECTION (018)(class deleted)
INTERNATIONAL CLASS 018
DESCRIPTION
Goods made of leather or of imitation leather, namely, wallets, purses, briefcases, bags not being rucksacks or backpacks, trimmings of leather for furniture, attache cases, key cases, bands of leather, valises, handbags, business card cases, credit card cases, sling bags for carrying infants, garment bags for travel, vanity cases sold empty, straps of leather, carrying cases for sheet music, traveling bags, chalk bags for climbers, beach bags, shoulder belts, parasols, tool bags sold empty, shopping bags of leather and imitation leather, hunters' game bags, wheeled shopping bags, bags for sports; suitcases and trunks; suitcases and trunks of synthetic material or of metal; umbrellas; saddlery articles, namely, saddlery, pads for horse saddles, whips, harnesses; leather and imitation leather key straps
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(current)
INTERNATIONAL CLASS 025
DESCRIPTION
Clothing, namely, suits, belts, gloves, scarves, ties, jackets, shirts, tops, Bermuda shorts, leather bike jackets, blousons, coats, down jackets, polo shirts, blazers, long sleeve shirts, pullovers, pants, trousers, t-shirts, sweaters, sweat-shirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, caps, hats, golf bucket hats, golf caps, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, layettes, bathing suits, bathing trunks, bath robes, bathing caps, bandanas, berets; motorists' clothing, namely, jackets, pants, gloves; paper clothing, namely, paper hats for use as clothing items; boas, teddies, brassieres, bodices, chasubles, frocks, mittens, money belts; clothing for gymnastics, namely, leotards; jumpers, slips, detachable collars, shirt fronts, suspenders, jerseys, stuff jackets, skullcaps, hoods, neckties, ascots, cloth bibs; clothing of leather, namely, jackets, pants, coats, gloves; clothing of imitations of leather, namely, jackets, pants, coats, gloves; underwear, sweat-absorbent underclothes, cuffs, pelisses, dressing gowns, muffs; outer clothing, namely, jackets, coats, capes; ear muffs, jump suits; furs, namely, fur coats, fur muffs; petticoats, parkas, pajamas; cyclists' clothing, namely, shorts, wind-resistant jackets, tights, jerseys; waterproof clothing, namely, jackets, rain boots; skirts, saris, collar protectors, sashes for wear, breeches for wear, headbands, shawls; beach clothes, namely, bathing suits, bikinis; garters, stocking suspenders, tights; knitwear, namely, sweaters, scarves; singlets, uniforms, wet suits, waistcoats; hats, caps and visors
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025)(proposed)
INTERNATIONAL CLASS 025
TRACKED TEXT DESCRIPTION
Clothing, namely, suits, belts, gloves, scarves, ties, jackets, shirts, tops, Bermuda shorts, leather bike jackets, blousons, coats, down jackets, polo shirts, blazers, long sleeve shirts, pullovers, pants, trousers, t-shirts, sweaters, sweat-shirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, caps, hats, golf bucket hats, golf caps, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, layettes, bathing suits, bathing trunks, bath robes, bathing caps, bandanas, berets; motorists' clothing, namely, jackets, pants, gloves; paper clothing, namely, paper hats for use as clothing items; boas, teddies, brassieres, bodices, chasubles, frocks, mittens, money belts; clothing for gymnastics, namely, leotards; jumpers, slips, detachable collars, shirt fronts, suspenders, jerseys, stuff jackets, skullcaps, hoods, neckties, ascots, cloth bibs; clothing of leather, namely, jackets, pants, coats, gloves; clothing of imitations of leather, namely, jackets, pants, coats, gloves; underwear, sweat-absorbent underclothes, cuffs, pelisses, dressing gowns, muffs; outer clothing, namely, jackets, coats, capes; ear muffs, jump suits; furs, namely, fur coats, fur muffs; petticoats, parkas, pajamas; cyclists' clothing, namely, shorts, wind-resistant jackets, tights, jerseys; waterproof clothing, namely, jackets, rain boots; waterproof clothing, namely, jackets; skirts, saris, collar protectors, sashes for wear, breeches for wear, headbands, shawls; beach clothes, namely, bathing suits, bikinis; garters, stocking suspenders, tights; knitwear, namely, sweaters, scarves; singlets, uniforms, wet suits, waistcoats; hats, caps and visors
FINAL DESCRIPTION
Clothing, namely, suits, belts, gloves, scarves, ties, jackets, shirts, tops, Bermuda shorts, leather bike jackets, blousons, coats, down jackets, polo shirts, blazers, long sleeve shirts, pullovers, pants, trousers, t-shirts, sweaters, sweat-shirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, caps, hats, golf bucket hats, golf caps, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, layettes, bathing suits, bathing trunks, bath robes, bathing caps, bandanas, berets; motorists' clothing, namely, jackets, pants, gloves; paper clothing, namely, paper hats for use as clothing items; boas, teddies, brassieres, bodices, chasubles, frocks, mittens, money belts; clothing for gymnastics, namely, leotards; jumpers, slips, detachable collars, shirt fronts, suspenders, jerseys, stuff jackets, skullcaps, hoods, neckties, ascots, cloth bibs; clothing of leather, namely, jackets, pants, coats, gloves; clothing of imitations of leather, namely, jackets, pants, coats, gloves; underwear, sweat-absorbent underclothes, cuffs, pelisses, dressing gowns, muffs; outer clothing, namely, jackets, coats, capes; ear muffs, jump suits; furs, namely, fur coats, fur muffs; petticoats, parkas, pajamas; cyclists' clothing, namely, shorts, wind-resistant jackets, tights, jerseys; waterproof clothing, namely, jackets; skirts, saris, collar protectors, sashes for wear, breeches for wear, headbands, shawls; beach clothes, namely, bathing suits, bikinis; garters, stocking suspenders, tights; knitwear, namely, sweaters, scarves; singlets, uniforms, wet suits, waistcoats; hats, caps and visors
FILING BASIS Section 1(b)
SIGNATURE SECTION
RESPONSE SIGNATURE /victor sapphire/
SIGNATORY'S NAME Victor K. Sapphire, Esq.
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 07/10/2011
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Sun Jul 10 23:41:01 EDT 2011
TEAS STAMP USPTO/RFR-XX.XXX.XX.XXX-2
0110710234101245119-77928
697-480563263456331aad8bd
1d1525266fa41-N/A-N/A-201
10710233809356212



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. 77928697 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Goods made of leather or of imitation leather, namely, wallets, purses, briefcases, bags not being rucksacks or backpacks, trimmings of leather for furniture, attache cases, key cases, bands of leather, valises, handbags, business card cases, credit card cases, sling bags for carrying infants, garment bags for travel, vanity cases sold empty, straps of leather, carrying cases for sheet music, traveling bags, chalk bags for climbers, beach bags, shoulder belts, parasols, tool bags sold empty, shopping bags of leather and imitation leather, hunters' game bags, wheeled shopping bags, bags for sports; suitcases and trunks; suitcases and trunks of synthetic material or of metal; umbrellas; saddlery articles, namely, saddlery, pads for horse saddles, whips, harnesses; leather and imitation leather key straps

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, suits, belts, gloves, scarves, ties, jackets, shirts, tops, Bermuda shorts, leather bike jackets, blousons, coats, down jackets, polo shirts, blazers, long sleeve shirts, pullovers, pants, trousers, t-shirts, sweaters, sweat-shirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, caps, hats, golf bucket hats, golf caps, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, layettes, bathing suits, bathing trunks, bath robes, bathing caps, bandanas, berets; motorists' clothing, namely, jackets, pants, gloves; paper clothing, namely, paper hats for use as clothing items; boas, teddies, brassieres, bodices, chasubles, frocks, mittens, money belts; clothing for gymnastics, namely, leotards; jumpers, slips, detachable collars, shirt fronts, suspenders, jerseys, stuff jackets, skullcaps, hoods, neckties, ascots, cloth bibs; clothing of leather, namely, jackets, pants, coats, gloves; clothing of imitations of leather, namely, jackets, pants, coats, gloves; underwear, sweat-absorbent underclothes, cuffs, pelisses, dressing gowns, muffs; outer clothing, namely, jackets, coats, capes; ear muffs, jump suits; furs, namely, fur coats, fur muffs; petticoats, parkas, pajamas; cyclists' clothing, namely, shorts, wind-resistant jackets, tights, jerseys; waterproof clothing, namely, jackets, rain boots; skirts, saris, collar protectors, sashes for wear, breeches for wear, headbands, shawls; beach clothes, namely, bathing suits, bikinis; garters, stocking suspenders, tights; knitwear, namely, sweaters, scarves; singlets, uniforms, wet suits, waistcoats; hats, caps and visors
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)).

Proposed:
Tracked Text Description: Clothing, namely, suits, belts, gloves, scarves, ties, jackets, shirts, tops, Bermuda shorts, leather bike jackets, blousons, coats, down jackets, polo shirts, blazers, long sleeve shirts, pullovers, pants, trousers, t-shirts, sweaters, sweat-shirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, caps, hats, golf bucket hats, golf caps, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, layettes, bathing suits, bathing trunks, bath robes, bathing caps, bandanas, berets; motorists' clothing, namely, jackets, pants, gloves; paper clothing, namely, paper hats for use as clothing items; boas, teddies, brassieres, bodices, chasubles, frocks, mittens, money belts; clothing for gymnastics, namely, leotards; jumpers, slips, detachable collars, shirt fronts, suspenders, jerseys, stuff jackets, skullcaps, hoods, neckties, ascots, cloth bibs; clothing of leather, namely, jackets, pants, coats, gloves; clothing of imitations of leather, namely, jackets, pants, coats, gloves; underwear, sweat-absorbent underclothes, cuffs, pelisses, dressing gowns, muffs; outer clothing, namely, jackets, coats, capes; ear muffs, jump suits; furs, namely, fur coats, fur muffs; petticoats, parkas, pajamas; cyclists' clothing, namely, shorts, wind-resistant jackets, tights, jerseys; waterproof clothing, namely, jackets, rain boots; waterproof clothing, namely, jackets; skirts, saris, collar protectors, sashes for wear, breeches for wear, headbands, shawls; beach clothes, namely, bathing suits, bikinis; garters, stocking suspenders, tights; knitwear, namely, sweaters, scarves; singlets, uniforms, wet suits, waistcoats; hats, caps and visorsClass 025 for Clothing, namely, suits, belts, gloves, scarves, ties, jackets, shirts, tops, Bermuda shorts, leather bike jackets, blousons, coats, down jackets, polo shirts, blazers, long sleeve shirts, pullovers, pants, trousers, t-shirts, sweaters, sweat-shirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, caps, hats, golf bucket hats, golf caps, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, layettes, bathing suits, bathing trunks, bath robes, bathing caps, bandanas, berets; motorists' clothing, namely, jackets, pants, gloves; paper clothing, namely, paper hats for use as clothing items; boas, teddies, brassieres, bodices, chasubles, frocks, mittens, money belts; clothing for gymnastics, namely, leotards; jumpers, slips, detachable collars, shirt fronts, suspenders, jerseys, stuff jackets, skullcaps, hoods, neckties, ascots, cloth bibs; clothing of leather, namely, jackets, pants, coats, gloves; clothing of imitations of leather, namely, jackets, pants, coats, gloves; underwear, sweat-absorbent underclothes, cuffs, pelisses, dressing gowns, muffs; outer clothing, namely, jackets, coats, capes; ear muffs, jump suits; furs, namely, fur coats, fur muffs; petticoats, parkas, pajamas; cyclists' clothing, namely, shorts, wind-resistant jackets, tights, jerseys; waterproof clothing, namely, jackets; skirts, saris, collar protectors, sashes for wear, breeches for wear, headbands, shawls; beach clothes, namely, bathing suits, bikinis; garters, stocking suspenders, tights; knitwear, namely, sweaters, scarves; singlets, uniforms, wet suits, waistcoats; hats, caps and visors
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)).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /victor sapphire/     Date: 07/10/2011
Signatory's Name: Victor K. Sapphire, Esq.
Signatory's Position: Attorney for Applicant

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: 77928697
Internet Transmission Date: Sun Jul 10 23:41:01 EDT 2011
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2011071023410124
5119-77928697-480563263456331aad8bd1d152
5266fa41-N/A-N/A-20110710233809356212



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