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. 79042086 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant hereby files a supplemental response and request for reconsideration regarding the Examiner’s action dated June 20, 2008, as follows:

Applicant hereby requests amendment of the identification of goods in International Class 20 by deleting the following goods:

Flower jars, and candleholder

Further, applicant requests amendment of the identification of goods in International Class 21 by deleting "marker," "bread baskets, "knives, forks and spoons," and "cloth for cleaning."

With respect to the identification of goods in International Class 21, amend "bottles" to read "bottles sold empty," and "boards" to "bread boards and carving boards."

Keeping the foregoing in mind, applicant requests the Examiner to withdraw the FINAL refusal and to publish the mark for opposition.

If the Examiner has further questions about this application that can be discussed in a telephone conversation, the Examiner is hereby authorized to contact applicant's attorney. The Office can communicate with applicant’s attorney regarding this application by e-mail directed to: davidaweinstein@qwestoffice.net.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Furniture for the home, study and garden, namely, chairs, tables, sofas, bookshelves, and decorative items, namely, mirrors, picture frames, flower-jars, candle-holder
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 020 for Furniture for the home, study and garden, namely, chairs, tables, sofas, bookshelves, and decorative items, namely, mirrors, picture frames

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Household and kitchen glassware, porcelain and earthenware, namely, markers, dishes, knives, forks and spoons, cups, bowls, bottles, bottle openers, jars, bread baskets, boards, cloth for cleaning
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 021 for Household and kitchen glassware, porcelain and earthenware, namely, dishes, cups, bowls, bottles sold empty, bottle openers, jars, bread baskets, bread boards and carving boards

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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). 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: /david a. weinstein 23577/      Date: 09/12/2008
Signatory's Name: David A. Weinstien
Signatory's Position: Applicant's Attorney

Request for Reconsideration Signature
Signature: /david a. weinstein 23577/     Date: 09/12/2008
Signatory's Name: David A. Weinstein
Signatory's Position: Applicant's Attorney

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: 79042086
Internet Transmission Date: Fri Sep 12 13:51:42 EDT 2008
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20080912135142744
945-79042086-4305ae2e7f32b4136cd84a4646d
5bb08e-N/A-N/A-20080912134415099214