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. 85500817 DESIGN ESSENTIALS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85500817) 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 006 for Decorative Hardware, namely hinges, handles, knobs, pulls, Functional Hardware made of metal, namely drawer slides, catches, and hooks; Furniture, Window and Door Hardware, namely tables, screen and storm doors, door handles, window latches, and window locks; Home Security hardware made of metal, namely padlocks, child proof locks, removable auxiliary non-electronic door locking devices and removable non-electronic drawer locking devices, window locks, drawer locks and mail box locks; Replacement Door Cabinet and Furniture Hardware of metal, namely antique and antiquated hinges, handles and pulls
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. For a certification 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, and 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/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Decorative Hardware, namely hinges, handles, knobs, pulls, Functional Hardware made of metal, namely drawer slides, catches, and hooks; Decorative furniture hardware of metal, namely, hinges, handles, knobs and pulls; Furniture, Window and Door Hardware, namely tables, screen and storm doors, door handles, window latches, and window locks; Functional furniture hardware of metal, namely, drawer slides, cabinet door catches, and ¶
hooks; Home Security hardware made of metal, namely padlocks, child proof locks, removable auxiliary non-electronic door locking devices and removable non-electronic drawer locking devices, window locks, drawer locks and mail box locks; Doors of metal, namely, storm doors and screen doors; Replacement Door Cabinet and Furniture Hardware of metal, namely antique and antiquated hinges, handles and pulls; Metal hardware, namely, ¶
door handles, door latches, window latches and window locks; Home security hardware ¶
made of metal, namely, padlocks, child proof locks, removable non-electronic auxiliary ¶
door locking devices, removable non-electronic drawer locking devices, window locks, ¶
drawer locks and mail box locks; Replacement door, cabinet and furniture hardware of ¶
metal, namely, antique and antiquated hinges, handles and pullsClass 006 for Decorative furniture hardware of metal, namely, hinges, handles, knobs and pulls; Functional furniture hardware of metal, namely, drawer slides, cabinet door catches, and hooks; Doors of metal, namely, storm doors and screen doors; Metal hardware, namely, door handles, door latches, window latches and window locks; Home security hardware made of metal, namely, padlocks, child proof locks, removable non-electronic auxiliary door locking devices, removable non-electronic drawer locking devices, window locks, drawer locks and mail box locks; Replacement door, cabinet and furniture hardware of metal, namely, antique and antiquated hinges, handles and pulls
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. For a certification 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, and 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/services that meet the certification standards of the applicant.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Doc Pollock/     Date: 11/19/2012
Signatory's Name: Doc Elliot Pollock
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-357-6765

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: 85500817
Internet Transmission Date: Mon Nov 19 19:05:00 EST 2012
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20121119190500290
418-85500817-4901d9ab5c4e011e3925cda9eca
1c5de9c-N/A-N/A-20121119190142277473