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. 85883773 PULP FICTION(Standard Characters, see http://uspto.report/TM/85883773/mark.png) 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 018 for Backpacks; gym bags, barrel bags, handbags, purses, luggage bags, tote bags; small leather goods, namely, belts, key fobs, leather key chains, change purses, billfolds; wallets; cell phone cases; mobile tablet and other mobile device cases; identification and business card holders and cases in the nature of wallets, currency and identification cases and card cases
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: Backpacks; gym bags, barrel bags, handbags, purses, luggage bags, tote bags; small leather goods, namely, belts, key fobs, leather key chains, change purses, billfolds; small leather goods, namely, shoulder belts, key fobs, leather key chains, change purses, billfolds; wallets; cell phone cases; mobile tablet and other mobile device cases; identification and business card holders and cases in the nature of wallets, currency and identification cases and card casesClass 018 for Backpacks; gym bags, barrel bags, handbags, purses, luggage bags, tote bags; small leather goods, namely, shoulder belts, key fobs, leather key chains, change purses, billfolds; wallets; cell phone cases; mobile tablet and other mobile device cases; identification and business card holders and cases in the nature of wallets, currency and identification cases and card cases
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for T-shirts; Sweatshirts; Hoodies; Constructed Apparel and fashion garments, namely, knit and woven tops, blouses, pants, shorts, skirts, jeans, jackets; caps; beanies; hats; bandanas; boxers; underwear; sleepwear and pajamas; loungewear; outerwear, namely, jackets, fleece jackets and outer shirts and raincoats; gloves, scarves and mittens; socks and hosiery; ties; wrist bands; ornamental clothing patches made of rubber or metal patches; Halloween and masquerade costumes; costumes for use in children's dress up play; footwear, shoes and athletic footwear; belts
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: T-shirts; Sweatshirts; Hoodies; Constructed Apparel and fashion garments, namely, knit and woven tops, blouses, pants, shorts, skirts, jeans, jackets; caps; beanies; hats; bandanas; boxers; underwear; sleepwear and pajamas; loungewear; outerwear, namely, jackets, fleece jackets and outer shirts and raincoats; gloves, scarves and mittens; socks and hosiery; ties; wrist bands; ornamental clothing patches made of rubber or metal patches; Halloween and masquerade costumes; costumes for use in children's dress up play; footwear, shoes and athletic footwear; belts; leather beltsClass 025 for T-shirts; Sweatshirts; Hoodies; Constructed Apparel and fashion garments, namely, knit and woven tops, blouses, pants, shorts, skirts, jeans, jackets; caps; beanies; hats; bandanas; boxers; underwear; sleepwear and pajamas; loungewear; outerwear, namely, jackets, fleece jackets and outer shirts and raincoats; gloves, scarves and mittens; socks and hosiery; ties; wrist bands; ornamental clothing patches made of rubber or metal patches; Halloween and masquerade costumes; costumes for use in children's dress up play; footwear, shoes and athletic footwear; leather belts
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: /jennifer v. whiting/     Date: 07/05/2014
Signatory's Name: Jennifer V. Whiting
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 310-982-1007

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: 85883773
Internet Transmission Date: Sat Jul 05 14:51:27 EDT 2014
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20140705145127
196772-85883773-50074d7db18a2d8d8ba23547
9f4fce0affe1222a88be549f5afc5acc837f578a
a-N/A-N/A-20140705144758700220