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. 86305131 G (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86305131/large) 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 Supply chain management services; supply chain logistics services; project management and staffing services for others in the field of telecommunications; asset recovery services, namely, recovery or decommissioning of telecommunication network equipment; value-added reseller services, namely, distributorship services featuring telecommunication equipment; liquidation of goods for others; project management services for others in the field of network operations for wireless communications, wireline communications, and broadcast communications; negotiation of real estate leases for others
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/01/2006 and first used in commerce at least as early as 05/01/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Supply chain management services; supply chain logistics services; project management and staffing services for others in the field of telecommunications; asset recovery services, namely, recovery or decommissioning of telecommunication network equipment; value-added reseller services, namely, distributorship services featuring telecommunication equipment; liquidation of goods for others; project management services for others in the field of network operations for wireless communications, wireline communications, and broadcast communications; negotiation of real estate leases for others; consignment of telecommunication equipment, namely, assisting others in reselling telecommunication network equipmentClass 035 for Supply chain management services; supply chain logistics services; project management and staffing services for others in the field of telecommunications; asset recovery services, namely, recovery or decommissioning of telecommunication network equipment; value-added reseller services, namely, distributorship services featuring telecommunication equipment; liquidation of goods for others; project management services for others in the field of network operations for wireless communications, wireline communications, and broadcast communications; negotiation of real estate leases for others; consignment of telecommunication equipment, namely, assisting others in reselling telecommunication network equipment
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/01/2006 and first used in commerce at least as early as 05/01/2006 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Relocation services for telecommunication networks, namely, redeployment of telecommunication network equipment; providing unified access to telecommunication networks utilizing various technologies and changing local wireless telecommunications services areas to new wireless telecommunications areas; consignment of telecommunication equipment, namely, assisting others in reselling telecommunication network equipment; wireless broadband communication services; telecommunication services, namely transmission of video, audio, data, and voice via telecommunication networks; consulting in the field of telecommunication services, namely transmission of video, audio, data, and voice via telecommunication networks; consulting in the field of telecommunication services, namely enhanced 911 (E-911) sustainment services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/01/2006 and first used in commerce at least as early as 05/01/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Relocation services for telecommunication networks, namely, redeployment of telecommunication network equipment; Relocation services for telecommunication networks, namely, planning and implementing moves of telecommunication network equipment; providing unified access to telecommunication networks utilizing various technologies and changing local wireless telecommunications services areas to new wireless telecommunications areas; consignment of telecommunication equipment, namely, assisting others in reselling telecommunication network equipment; wireless broadband communication services; telecommunication services, namely transmission of video, audio, data, and voice via telecommunication networks; consulting in the field of telecommunication services, namely transmission of video, audio, data, and voice via telecommunication networks; consulting in the field of telecommunication services, namely enhanced 911 (E-911) sustainment servicesClass 038 for Relocation services for telecommunication networks, namely, planning and implementing moves of telecommunication network equipment; providing unified access to telecommunication networks utilizing various technologies and changing local wireless telecommunications services areas to new wireless telecommunications areas; consignment of telecommunication equipment, namely, assisting others in reselling telecommunication network equipment; wireless broadband communication services; telecommunication services, namely transmission of video, audio, data, and voice via telecommunication networks; consulting in the field of telecommunication services, namely transmission of video, audio, data, and voice via telecommunication networks; consulting in the field of telecommunication services, namely enhanced 911 (E-911) sustainment services
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/01/2006 and first used in commerce at least as early as 05/01/2006 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Asset recovery services, namely, recovery or decommissioning of telecommunication network equipment
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 05/01/2006 and first used in commerce at least as early as 05/01/2006 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 045 . The specimen(s) submitted consists of Promotional material .
"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:
SPN0-1214420254-20150930173844288088_._G_Design_Rsp_to_OA_Class_45_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_1214420254-173844288_._esign_Rsp_to_OA_executed_Decl_Supporting_Substitute_Specimen.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Jimmy "Skip" Hulett, Jr.
Signatory's Position: Executive Vice President & General Counsel

Request for Reconsideration Signature
Signature: /Mark A. Steiner/     Date: 09/30/2015
Signatory's Name: Mark A. Steiner
Signatory's Position: Attorney of record

Signatory's Phone Number: 415-957-3036

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

        
RAM Sale Number: 86305131
RAM Accounting Date: 10/01/2015
        
Serial Number: 86305131
Internet Transmission Date: Wed Sep 30 17:51:08 EDT 2015
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2015093017510866
8689-86305131-540d7be4854398794525bff335
2ebc9278cd8acbd0cd1966fd8b3a6392d6c7fce-
DA-8390-20150930173844288088