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. 85568711 NEXTSEQ(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85568711) has been amended as follows:

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

The Examining Attorney has refused the subject application based on his opinion that there is a
likelihood of confusion with prior Reg. No. 4197857. In response, Applicant submits herein a
consent agreement entered into between itself and the owner of the cited registration. Thus,
Applicant respectfully requests that the Examining Attorney withdraw his 2(d) refusal of the
subject application. TMEP § 1207.01(d)(viii).

EVIDENCE
Evidence in the nature of a copy of a signed consent agreement has been attached.
Original PDF file:
evi_108225229143-183830209_._signed_consent_agreement_NEXTSEQ.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /GAHolley/     Date: 05/30/2013
Signatory's Name: Gabrielle Holley
Signatory's Position: Attorney of record, California bar member

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: 85568711
Internet Transmission Date: Thu May 30 18:43:15 EDT 2013
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20130530184315
519443-85568711-500cbd1968d82a6e4cc423b2
c25cc211855dc58fd47f2dadf92a7d908811cc-N
/A-N/A-20130530183830209081