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. 85871695 EARTH ELEMENTS(Standard Characters, see http://uspto.report/TM/85871695/mark.png) has been amended as follows:

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

This is in response to the Office Action dated January 13, 2014.

Remarks

The Examining Attorney has maintained and made final the refusal of the application for EARTH ELEMENTS based on the belief that there is a likelihood of confusion with U.S. Registration No. 3,477,137 for ELEMENTS OF EARTH JEWELRY WOMEN: BEAUTIFUL COURAGEOUS VIBRANT RESILIENT POWERFUL & Design in class 14.  The cited mark registered on July 29, 2008 and the deadline for filing the Section 8 Declaration of Use for this registration is July 29, 2014.  The Section 8 declaration has not been filed yet and the grace period for filing it ends on January 29, 2015.  Pursuant to § 716.02(e) of the Trademark Manual of Examining Procedure, Applicant respectfully requests that its application be suspended to determine if the Section 8 declaration for the cited registration is filed during the grace period and if the cited registration is to be canceled or not.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /StacieKSmith/     Date: 07/14/2014
Signatory's Name: Stacie K. Smith
Signatory's Position: Attorney of record, Arizona 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: 85871695
Internet Transmission Date: Mon Jul 14 14:31:32 EDT 2014
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2014071414313206
0975-85871695-500ee349a9110594f6bb8fb675
f75c25092a1368a7bd012099f3dce968dde22ef4
-N/A-N/A-20140711154319621002