PR-Teas-Response to Post Reg Office Act

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 4259810

FORM INFORMATION

In the instant Office Action, the Office has advised that the mark on the specimen submitted with the Section 71 Affidavit filed on October 11, 2018 did not agree with the mark in the registration.  More specifically, the Office found that the submitted specimen was in black and red but the registration shows the mark in blue and red.  The Applicant respectfully traverses the Office’s finding, as the submitted specimen shows the mark in the claimed blue and red colors.

However, in an effort to advance this matter, the Applicant submits herewith substitute specimens which show the mark as claimed in blue and red. 

Further, the Applicant submits with this response a signed declaration that “The substitute specimen was in use in commerce during the relevant period for filing the 6-year Section 71.”

In light of the foregoing the Applicant respectfully requests that the Office indicate acceptance of the Section 71 Affidavit.

If, in the Office’s estimation, a phone call could clarify any possible issues, the Office is invited to call the undersigned.

SPECIMEN DESCRIPTION

photo of the product bearing the markFORM FILE NAME(S)

Original PDF file:
509313_NEOX__specimen__201811714941986.pdf
Converted PDF file(s) (6 pages)
Attachments-1
Attachments-2
Attachments-3
Attachments-4
Attachments-5
Attachments-6 The substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71, as appropriate.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Timothy P. Naill/      Date: 12/07/2018
Signatory's Name: Timothy P. Naill
Signatory's Position: Attorney of Record/IL Bar Member
Signatory's Phone Number: 815-633-5300

Submission Signature
Signature: /Timothy P. Naill/     Date: 12/07/2018
Signatory's Name: Timothy P. Naill
Signatory's Position: Attorney of Record/IL Bar Member
Signatory's Phone Number: 815-633-5300

        
Serial Number: 79110904
Internet Transmission Date: Fri Dec 07 15:24:56 EST 2018
TEAS Stamp: USPTO/TRS-XXX.XXX.XXX.XX-201812071524560
97547-4259810-20181207125354805203-N/A-N
/A-20181207125354805203