TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 79178816 GRACE (Stylized and/or with Design, see http://uspto.report/TM/79178816/mark.png) has been amended as follows:

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

Request for Suspension of App. Serial No. 79178816 (GRACE) This is in response to a final office action issued September 20, 2016, wherein the Examining Attorney has refused registration of Applicant?s mark on grounds of a likelihood of confusion with the mark in U.S. Registration No. 1995539 under Trademark Act Section 2(d), 15 U.S.C. ?1052(d). On November 22, 2016, Applicant filed with the Trademark Trial and Appeal Board a petition to cancel the cited U.S. Registration No. 1995539. See attached TTAB Receipt, Confirmation No. ESTTA784695, and hereby wishes to inform the Examining Attorney thereof. Accordingly, Applicant respectfully requests that the Examining Attorney suspend further action on the application until termination of the aforementioned Cancellation.

EVIDENCE
Evidence in the nature of ESTTA. Petition for Cancellation confirmation receipt ID_ ESTTA784695 has been attached.
Original PDF file:
evi_4715564100-20161125175745835814_._tition_for_Cancellation_confirmation_receipt_ID__ESTTA784695.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer bags, computer carry cases, battery packs and protective covers, cases and sleeves all specially adapted for computers, namely, laptop computers, notebook computers, notepad computers, tablet and electronic personal organisers and accessories used with all of the foregoing, and other portable or handheld personal electronic devices, namely cameras, digital video recorders, digital audio players and mobile telephones and accessories used with all the foregoing; bags cases, packs and covers designed to provide protection against rain and other inclement weather and specially adapted for computers and other portable or handheld personal electronic devices, namely cameras, digital recorders, digital audio players and mobile telephones; stands specially adapted for holding portable and handheld personal devices, namely, computers, tablets, mobile phones, cameras, digital video recorders, digital audio players; computer stylus
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: Computer bags, computer carry cases, battery packs and protective covers, cases and sleeves all specially adapted for computers, namely, laptop computers, notebook computers, notepad computers, tablet and electronic personal organisers and accessories used with all of the foregoing, and other portable or handheld personal electronic devices, namely cameras, digital video recorders, digital audio players and mobile telephones and accessories used with all the foregoing; bags cases, packs and covers designed to provide protection against rain and other inclement weather and specially adapted for computers and other portable or handheld personal electronic devices, namely cameras, digital recorders, digital audio players and mobile telephones; bags, cases, packs and covers designed to provide protection against rain and other inclement weather and specially adapted for computers and other portable or handheld personal electronic devices, namely cameras, digital recorders, digital audio players and mobile telephones; stands specially adapted for holding portable and handheld personal devices, namely, computers, tablets, mobile phones, cameras, digital video recorders, digital audio players; computer stylusClass 009 for Computer bags, computer carry cases, battery packs and protective covers, cases and sleeves all specially adapted for computers, namely, laptop computers, notebook computers, notepad computers, tablet and electronic personal organisers and accessories used with all of the foregoing, and other portable or handheld personal electronic devices, namely cameras, digital video recorders, digital audio players and mobile telephones and accessories used with all the foregoing; bags, cases, packs and covers designed to provide protection against rain and other inclement weather and specially adapted for computers and other portable or handheld personal electronic devices, namely cameras, digital recorders, digital audio players and mobile telephones; stands specially adapted for holding portable and handheld personal devices, namely, computers, tablets, mobile phones, cameras, digital video recorders, digital audio players; computer stylus

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)
Request for Reconsideration Signature
Signature: /wjs/     Date: 11/25/2016
Signatory's Name: William J. Seiter
Signatory's Position: 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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 79178816
Internet Transmission Date: Fri Nov 25 18:02:49 EST 2016
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2016112518024993
3491-79178816-570565ae65c79e55215e07d9d1
9bd78f47148c5ab701aa63be45ae776f6ae67db-
N/A-N/A-20161125175745835814