TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

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

---

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. 85341159 WATTPAD(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85341159) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Software for publishing, distributing, transmitting, transferring, receiving, downloading, displaying, previewing, viewing, sharing, rating, tagging, discussing, commenting on, chatting about, and fanning user generated content, content, text, visual works, audio works, audiovisual works, literary works, data files, documents and electronic works via portable electronic devices, electronic devices and computers; Downloadable literary works, audio works, visual works, audiovisual works and electronic publications namely user generated content on a variety of topics; Software for providing writing contests between users of a website and mobile application
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2007 and first used in commerce at least as early as 05/01/2007 , and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1529435 filed 05/27/2011]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Software for publishing, distributing, transmitting, transferring, receiving, downloading, displaying, previewing, viewing, sharing, rating, tagging, discussing, commenting on, chatting about, and fanning user generated content, content, text, visual works, audio works, audiovisual works, literary works, data files, documents and electronic works via portable electronic devices, electronic devices and computers; Downloadable literary works, audio works, visual works, audiovisual works and electronic publications namely user generated content on a variety of topics; Downloadable literary works, audio works, visual works, audiovisual works and electronic publications namely, stories, novels, short stories, essays, poems, letters, commentaries, narratives, anecdotes, book reviews, homages, tributes, journals, fan fiction, dedications, cover art, book jackets, and books featuring user generated content on a variety of topics; Software for providing writing contests between users of a website and mobile applicationClass 009 for Software for publishing, distributing, transmitting, transferring, receiving, downloading, displaying, previewing, viewing, sharing, rating, tagging, discussing, commenting on, chatting about, and fanning user generated content, content, text, visual works, audio works, audiovisual works, literary works, data files, documents and electronic works via portable electronic devices, electronic devices and computers; Downloadable literary works, audio works, visual works, audiovisual works and electronic publications namely, stories, novels, short stories, essays, poems, letters, commentaries, narratives, anecdotes, book reviews, homages, tributes, journals, fan fiction, dedications, cover art, book jackets, and books featuring user generated content on a variety of topics; Software for providing writing contests between users of a website and mobile application
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/01/2007 and first used in commerce at least as early as 05/01/2007 , and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1529435 filed 05/27/2011]. 15 U.S.C.Section 1126(d), as amended.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /John R. Hlavka/     Date: 01/28/2013
Signatory's Name: John R. Hlavka
Signatory's Position: Attorney of Record, Ohio bar member

Signatory's Phone Number: 216-621-2234

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: 85341159
Internet Transmission Date: Mon Jan 28 15:55:04 EST 2013
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2013012815550470
3016-85341159-4905f1e7466c1582f95460a331
c52e772-N/A-N/A-20130128152413777718