PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 86331284 |
LAW OFFICE ASSIGNED | LAW OFFICE 117 |
MARK SECTION | |
MARK | http://uspto.report/TM/86331284/mark.png |
LITERAL ELEMENT | LIBRARY |
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. |
ARGUMENT(S) | |
Applicant has petitioned to cancel the cited registration, Reg. No. 4243997, and therefore requests the suspension of the subject application
pending the disposition of the cancellation. Applicant reserves its right to present substantive arguments against the citation of the noted registration and the prior pending application, Serial No. 86327908. |
|
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_2078613618-20150218093251144819_._ition_for_Cancellation._confirmation_receipt_ID__ESTTA656442.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\863\312\86331284\xml4\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE | filing receipt for petition to cancel cited registration |
GOODS AND/OR SERVICES SECTION (003)(current) | |
INTERNATIONAL CLASS | 003 |
DESCRIPTION | |
Reeds and scented oils sold as a unit for use in room scent diffusers; Room fragrance refills for non-electric room fragrance dispensers | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/30/2013 |
FIRST USE IN COMMERCE DATE | At least as early as 10/30/2013 |
GOODS AND/OR SERVICES SECTION (003)(proposed) | |
INTERNATIONAL CLASS | 003 |
DESCRIPTION | |
Reeds and scented oils sold as a unit for use in room scent diffusers; Room fragrance refills for non-electric room fragrance dispensers | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 08/09/2013 |
FIRST USE IN COMMERCE DATE | At least as early as 08/09/2013 |
GOODS AND/OR SERVICES SECTION (004)(current) | |
INTERNATIONAL CLASS | 004 |
DESCRIPTION | Candles |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/30/2013 |
FIRST USE IN COMMERCE DATE | At least as early as 10/30/2013 |
GOODS AND/OR SERVICES SECTION (004)(proposed) | |
INTERNATIONAL CLASS | 004 |
DESCRIPTION | Candles |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/17/2010 |
FIRST USE IN COMMERCE DATE | At least as early as 10/17/2010 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Jon Bresler / |
SIGNATORY'S NAME | Jon Bresler |
SIGNATORY'S POSITION | President |
SIGNATORY'S PHONE NUMBER | 2129250001 |
DATE SIGNED | 02/18/2015 |
RESPONSE SIGNATURE | /karinsegall/ |
SIGNATORY'S NAME | Karin Segall |
SIGNATORY'S POSITION | Attorney of Record, NY bar member |
DATE SIGNED | 02/18/2015 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Feb 18 16:33:43 EST 2015 |
TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XX-2 0150218163343955600-86331 284-5307646c73959997873de b6ea89bfd2e8d70d6e5d34f76 f4d8a947aa7dd8464a7-N/A-N /A-20150218093251144819 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory
additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use
or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and
belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of
such other person, to cause confusion or mistake, or to deceive.
Signature: /Jon Bresler / Date: 02/18/2015
Signatory's Name: Jon Bresler
Signatory's Position: President
Signatory's Phone Number: 2129250001
Response Signature
Signature: /karinsegall/ Date: 02/18/2015
Signatory's Name: Karin Segall
Signatory's Position: Attorney of Record, NY 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.
Serial Number: 86331284
Internet Transmission Date: Wed Feb 18 16:33:43 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2015021816334395
5600-86331284-5307646c73959997873deb6ea8
9bfd2e8d70d6e5d34f76f4d8a947aa7dd8464a7-
N/A-N/A-20150218093251144819