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. 79085027 VANQUISH(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79085027) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments to overcome refusal has been attached.
Original PDF file:
evi_216759226-110227540_._SH_Likelihood_of_Confusion_-_identical_marks_different_goods.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 014 for Ornaments, namely, necklaces, rings, bracelets, anklets, pierced earrings, earrings, brooches, cuff links, wallet chains; key rings; unwrought and semi-wrought precious stones and their imitations; clocks and watches

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Spectacles, eyeglasses and goggles for sports; phonograph records featuring fashion; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; downloadable music files; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files featuring fashion; recorded video discs and video tapes; electronic publications, namely, books, magazines and manuals featuring fashion recorded on computer media
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:
Tracked Text Description: Spectacles, eyeglasses and goggles for sports; phonograph records featuring fashion; metronomes; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; downloadable music files; exposed cinematographic films; exposed slide films; slide film mounts; downloadable image files featuring fashion; recorded video discs and video tapes; electronic publications, namely, books, magazines and manuals featuring fashion recorded on computer mediaClass 009 for Spectacles, eyeglasses and goggles for sports

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 018 for Bags and the like, namely, waist bags, carry-on bags, shoulder bags, small bags, tote bags, handbags, business bags, boston bags, rucksacks; pouches and the like, namely, purses, mobile phone cases, card cases, key cases; handbag frames; purse frames; industrial packaging containers of leather; unfitted vanity cases; umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; walking stick handles; fur
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:
Tracked Text Description: Bags and the like, namely, waist bags, carry-on bags, shoulder bags, small bags, tote bags, handbags, business bags, boston bags, rucksacks; Bags and the like, namely, waist bags, carry-on bags, shoulder bags, small hand bags, tote bags, handbags, business bags, boston bags, rucksacks; pouches and the like, namely, purses, mobile phone cases, card cases, key cases; pouches and the like, namely, purses, credit card cases, calling card cases, key cases; handbag frames; purse frames; industrial packaging containers of leather; unfitted vanity cases; umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; walking stick handles; furClass 018 for Bags and the like, namely, waist bags, carry-on bags, shoulder bags, small hand bags, tote bags, handbags, business bags, boston bags, rucksacks; pouches and the like, namely, purses, credit card cases, calling card cases, key cases; handbag frames; purse frames; industrial packaging containers of leather; unfitted vanity cases; umbrellas; walking sticks; canes; metal parts of canes and walking-sticks; walking stick handles; fur

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 025 for Clothing, namely, coats, jackets, sweat shirts, sweaters, vests, t-shirts, shirts, suits, trousers, skirts, underwear, Japanese traditional clothing, swimwear, one-piece dresses, socks and stockings, caps and hats, neckties, mufflers, stoles, bandanas, scarves, gloves; garters; sock suspenders; suspenders; waistbands; belts; shoes and boots
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:
Tracked Text Description: Clothing, namely, coats, jackets, sweat shirts, sweaters, vests, t-shirts, shirts, suits, trousers, skirts, underwear, Japanese traditional clothing, swimwear, one-piece dresses, socks and stockings, caps and hats, neckties, mufflers, stoles, bandanas, scarves, gloves; Clothing, namely, coats, jackets, sweat shirts, sweaters, vests, t-shirts, shirts, suits, trousers, skirts, underwear, Japanese traditional clothing in the nature of kimonos, sash bands for kimonos, and short overcoats for kimonos; swimwear, one-piece dresses, socks and stockings, caps and hats, neckties, mufflers, stoles, bandanas, scarves, gloves; garters; sock suspenders; suspenders; waistbands; belts; shoes and bootsClass 025 for Clothing, namely, coats, jackets, sweat shirts, sweaters, vests, t-shirts, shirts, suits, trousers, skirts, underwear, Japanese traditional clothing in the nature of kimonos, sash bands for kimonos, and short overcoats for kimonos; swimwear, one-piece dresses, socks and stockings, caps and hats, neckties, mufflers, stoles, bandanas, scarves, gloves; garters; sock suspenders; suspenders; waistbands; belts; shoes and boots

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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
LAWRENCE E. ABELMAN
ABELMAN, FRAYNE & SCHWAB
10TH FL.
666 THIRD AVE.
NEW YORK
New York (NY)
US
10017

Proposed:
LAWRENCE E. ABELMAN of ABELMAN, FRAYNE & SCHWAB, having an address of
666 THIRD AVE. 10TH FL. NEW YORK, New York 10017
United States
ehalstead@lawabel.com;leabelman@lawabel.com
2129499022
2129499190



SIGNATURE(S)
Request for Reconsideration Signature
Signature: /lea/     Date: 07/06/2012
Signatory's Name: Lawrence E. Abelman
Signatory's Position: Attorney of record, NY Bar

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.

Mailing Address:    LAWRENCE E. ABELMAN
   ABELMAN, FRAYNE & SCHWAB
   666 THIRD AVE.
   10TH FL.
   NEW YORK, New York 10017
        
Serial Number: 79085027
Internet Transmission Date: Fri Jul 06 11:33:35 EDT 2012
TEAS Stamp: USPTO/RFR-XXX.XX.XX.XX-20120706113335466
835-79085027-490683725d810e6dede834d8728
811a28-N/A-N/A-20120706110227540411