PTO Form 1960 (Rev 9/2007) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85587168 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85587168 |
LITERAL ELEMENT |
CACHE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Creating websites for others; design, creation, hosting and maintenance of websites for others, all of the foregoing in the field of
personal curation or personal biographies |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Creating websites for others; design, creation, hosting and maintenance of websites for others, all of the foregoing in the field of
personal curation or personal biographies |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
010877801 |
FOREIGN APPLICATION COUNTRY |
European Community |
FOREIGN FILING DATE |
05/11/2012 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
SUPPLEMENTAL REGISTER |
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to
'Supplemental Register'). |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Anna Carloss/ |
SIGNATORY'S NAME |
Anna Carloss |
SIGNATORY'S POSITION |
Owner |
DATE SIGNED |
07/26/2013 |
RESPONSE SIGNATURE |
/Jason Nardiello/ |
SIGNATORY'S NAME |
Jason Nardiello |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
2124158564 |
DATE SIGNED |
07/26/2013 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jul 26 13:09:08 EDT 2013 |
TEAS STAMP |
USPTO/RFR-X.XX.XX.XX-2013
0726130908364132-85587168
-5004665fa27827a45126b605
0b9337158b712af07e21ff502
8d275525c2576fff-N/A-N/A-
20130726130008695156 |
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.
85587168 CACHE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85587168) 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 042 for Creating websites for others; design, creation, hosting and maintenance of websites for others, all of the foregoing in the field of personal curation or personal
biographies
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: Class 042 for Creating websites for others; design, creation, hosting and maintenance of websites for others, all of the foregoing in the field of personal curation or personal
biographies
Deleted Filing Basis: 1(b)
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 [ European Community application number 010877801 filed 05/11/2012]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company
or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is
seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing
date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37
C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such
willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the
applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes
applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake,
or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and
all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /Anna Carloss/ Date: 07/26/2013
Signatory's Name: Anna Carloss
Signatory's Position: Owner
Request for Reconsideration Signature
Signature: /Jason Nardiello/ Date: 07/26/2013
Signatory's Name: Jason Nardiello
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2124158564
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 filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 85587168
Internet Transmission Date: Fri Jul 26 13:09:08 EDT 2013
TEAS Stamp: USPTO/RFR-X.XX.XX.XX-2013072613090836413
2-85587168-5004665fa27827a45126b6050b933
7158b712af07e21ff5028d275525c2576fff-N/A
-N/A-20130726130008695156