TEAS Request Reconsideration after FOA

MUDD SIGNS

MUDD, Inc.

TEAS Request Reconsideration after FOA

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 85655679
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85655679
LITERAL ELEMENT MUDD SIGNS
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 035
DESCRIPTION Advertising services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/14/2011
        FIRST USE IN COMMERCE DATE At least as early as 01/14/2011
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
DESCRIPTION Advertising services
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/14/2011
       FIRST USE IN COMMERCE DATE At least as early as 01/14/2011
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU0-3810813320-142442555_._Substitute_Spec.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\856\556\85655679\xml7\RFR0002.JPG
       SPECIMEN DESCRIPTION A MUDD SIGNS webpage downloaded from www.archive.org that was in use in February 2011 and that includes a video, which will be submitted via e-mail in .wmv file format
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_3810813320-101029159_._Dec_11-14-13.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\856\556\85655679\xml7\RFR0003.JPG
SIGNATORY'S NAME Jim Sartorius
SIGNATORY'S POSITION Chief Information Officer
RESPONSE SIGNATURE /Christine Lebron-Dykeman/
SIGNATORY'S NAME Christine Lebron-Dykeman
SIGNATORY'S POSITION Attorney of record, Iowa bar member
SIGNATORY'S PHONE NUMBER 515-288-3667
DATE SIGNED 11/14/2013
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Thu Nov 14 10:12:52 EST 2013
TEAS STAMP USPTO/RFR-XX.XXX.XXX.XX-2
0131114101252335923-85655
679-500407d9cd5b8fb652c94
cdc4d04230d46d3ad34a41776
1bceeb65b55e89b21-N/A-N/A
-20131114101029159539



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. 85655679 MUDD SIGNS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85655679) 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 035 for Advertising services
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 01/14/2011 and first used in commerce at least as early as 01/14/2011 , and is now in use in such commerce.

Proposed: Class 035 for Advertising services
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 01/14/2011 and first used in commerce at least as early as 01/14/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of A MUDD SIGNS webpage downloaded from www.archive.org that was in use in February 2011 and that includes a video, which will be submitted via e-mail in .wmv file format .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-3810813320-142442555_._Substitute_Spec.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_3810813320-101029159_._Dec_11-14-13.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Jim Sartorius
Signatory's Position: Chief Information Officer

Request for Reconsideration Signature
Signature: /Christine Lebron-Dykeman/     Date: 11/14/2013
Signatory's Name: Christine Lebron-Dykeman
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 515-288-3667

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: 85655679
Internet Transmission Date: Thu Nov 14 10:12:52 EST 2013
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2013111410125233
5923-85655679-500407d9cd5b8fb652c94cdc4d
04230d46d3ad34a417761bceeb65b55e89b21-N/
A-N/A-20131114101029159539


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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