TEAS Request Reconsideration after FOA

SKYWARD

SkyWard IO, Inc.

TEAS Request Reconsideration after FOA

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1960 (Rev 10/2011)
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 86443179
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86443179/large
LITERAL ELEMENT SKYWARD
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 proposed an amendment to the description of services from “Brokerage in the field of insurance and training services” in Class 36 to “Provision of information regarding insurance” in Class 36.  The Examiner states that “This proposed amendment is beyond the scope of the original identification because applicant has amended its services from a brokerage service to an information service.  Thus, the identification, incorporating this amendment, is not acceptable.”

However, Applicant notes that an amendment from “Brokerage in the field of insurance and training services” in Class 36 to “Provision of information regarding insurance” in Class 36 was accepted by the Examiner in Applicant’s Application Serial No. 86443255.  See Exhibit A. At the same time the request for the amendment to the subject application was filed, Applicant concurrently filed a request for an identical amendment to the Class 36 identification as to Serial No. 86443255.  The amendment was accepted and the application was published for opposition on October 6, 2015.  Id. Application Serial No. 86443255 was issued a Notice of Allowance on December 1, 2015.  Id.

Given that the proposed amendment was deemed within the scope of the original identification as to Application Serial No. 86443255, Applicant requests that the proposed amendment also be accepted as to the subject application.

Should the Examiner have any remaining questions, please contact the Attorney of Record to discuss further.

EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_1982210065-20160212183357720403_._Exhibit_A-1.pdf
       CONVERTED PDF FILE(S)
       (7 pages)
\\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0002.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0003.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0004.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0005.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0006.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0007.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\864\431\86443179\xml13\RFR0008.JPG
DESCRIPTION OF EVIDENCE FILE Exhibit A
SIGNATURE SECTION
RESPONSE SIGNATURE /Patchen M. Haggerty/
SIGNATORY'S NAME Patchen M. Haggerty
SIGNATORY'S POSITION Attorney of record, OR and WA bar member
DATE SIGNED 02/12/2016
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 12 18:38:35 EST 2016
TEAS STAMP USPTO/RFR-XXX.XX.XXX.XX-2
0160212183835336861-86443
179-5506ac65c24b9cddc57d2
64b53cf3633f79a5fed9eaaf4
6738c3871a9ec71bb10-N/A-N
/A-20160212183357720403



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1960 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 86443179 SKYWARD(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86443179/large) has been amended as follows:

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

Applicant has proposed an amendment to the description of services from “Brokerage in the field of insurance and training services” in Class 36 to “Provision of information regarding insurance” in Class 36.  The Examiner states that “This proposed amendment is beyond the scope of the original identification because applicant has amended its services from a brokerage service to an information service.  Thus, the identification, incorporating this amendment, is not acceptable.”

However, Applicant notes that an amendment from “Brokerage in the field of insurance and training services” in Class 36 to “Provision of information regarding insurance” in Class 36 was accepted by the Examiner in Applicant’s Application Serial No. 86443255.  See Exhibit A. At the same time the request for the amendment to the subject application was filed, Applicant concurrently filed a request for an identical amendment to the Class 36 identification as to Serial No. 86443255.  The amendment was accepted and the application was published for opposition on October 6, 2015.  Id. Application Serial No. 86443255 was issued a Notice of Allowance on December 1, 2015.  Id.

Given that the proposed amendment was deemed within the scope of the original identification as to Application Serial No. 86443255, Applicant requests that the proposed amendment also be accepted as to the subject application.

Should the Examiner have any remaining questions, please contact the Attorney of Record to discuss further.



EVIDENCE
Evidence in the nature of Exhibit A has been attached.
Original PDF file:
evi_1982210065-20160212183357720403_._Exhibit_A-1.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Patchen M. Haggerty/     Date: 02/12/2016
Signatory's Name: Patchen M. Haggerty
Signatory's Position: Attorney of record, OR and WA 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 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.

        
Serial Number: 86443179
Internet Transmission Date: Fri Feb 12 18:38:35 EST 2016
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XX-2016021218383533
6861-86443179-5506ac65c24b9cddc57d264b53
cf3633f79a5fed9eaaf46738c3871a9ec71bb10-
N/A-N/A-20160212183357720403


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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