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. 86452745 VIM (Stylized and/or with Design, see http://uspto.report/TM/86452745/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The first specimen is a screenshot of applicant's website showing how subscribers can subscribe to the services. The mark is displayed as buttons to click to purchase the chosen level of service. The mark is also displayed at the top of the page. The second specimen is a screenshot of the applicant's ITunes store which prominently features the applicant's mark at the top left of the page and describes the services. has been attached.
Original PDF file:
evi_2425597242-20150626163517714367_._Upgrade_Subscription_use.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2425597242-20150626163517714367_._iTunes_App_Store_screenshot.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Providing online nondownloadable audio recordings featuring self improvement
Original Filing Basis:
The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Proposed: Class 009 for Providing online nondownloadable audio recordings featuring self improvement
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2014 and first used in commerce at least as early as 11/05/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of The mark consists of the blue capital letters "VIM" on a black background. There is an orange dot inside the opening of the letter "V". .
"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:
SPU0-2425597242-20150626163517714367_._VIM_logo.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Counseling in the field of personal development, namely, self-improvement, self-fulfillment, and interpersonal communication; Providing a resource website featuring information in the field of self-development; Providing a web site featuring information in the fields of personal relationships, personal growth and motivation, and self-fulfillment; Providing a website featuring information regarding self-improvement; Providing information in the field of personal development, namely, self-improvement, self-fulfillment, and interpersonal communication; Providing information in the field of self-improvement; Providing on-line information in the field of spirituality, self-help, and personal empowerment subject matters Providing online nondownloadable audio and video
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2014 and first used in commerce at least as early as 11/05/2014 , and is now in use in such commerce.

Proposed: Class 041 for Counseling in the field of personal development, namely, self-improvement, self-fulfillment, and interpersonal communication; Providing a resource website featuring information in the field of self-development; Providing a web site featuring information in the fields of personal relationships, personal growth and motivation, and self-fulfillment; Providing a website featuring information regarding self-improvement; Providing information in the field of personal development, namely, self-improvement, self-fulfillment, and interpersonal communication; Providing information in the field of self-improvement; Providing on-line information in the field of spirituality, self-help, and personal empowerment subject matters Providing online nondownloadable audio and video
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/05/2014 and first used in commerce at least as early as 11/05/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of The mark consists of the blue capital letters "VIM" on a black background. There is an orange dot inside the opening of the letter "V". .
"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:
SPU1-2425597242-20150626163517714367_._VIM_logo.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Scott Hodges of Law Offices of Donald W. Hudspeth, P.C., having an address of
3200 N Central Ave, ste 2500 Phoenix, Arizona 85012
United States
sch@azbuslaw.com
The attorney docket/reference number is 10519 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
VIM LIFE, LLC
Vim Life Llc
7820 E Evans Rd Ste 900
Scottsdale
Arizona (AZ)
US
85260-6997

Proposed:
Scott Hodges of Law Offices of Donald W. Hudspeth, P.C., having an address of
3200 N Central Ave, ste 2500 Phoenix, Arizona 85012
United States
sch@azbuslaw.com
(602) 265-7997
The docket/reference number is 10519 .



SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

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: /Scott Hodges/      Date: 06/26/2015
Signatory's Name: Scott Hodges
Signatory's Position: Attorney of Record
Signatory's Phone Number: (602) 265-7997


Request for Reconsideration Signature
Signature: /Scott Hodges/     Date: 06/26/2015
Signatory's Name: Scott Hodges
Signatory's Position: Attorney of Record

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.

Mailing Address:    Scott Hodges
   Law Offices of Donald W. Hudspeth, P.C.
   3200 N Central Ave, ste 2500
   Phoenix, Arizona 85012
        
Serial Number: 86452745
Internet Transmission Date: Fri Jun 26 17:14:12 EDT 2015
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2015062617141279
4036-86452745-530ca74851878ebe456a1f8081
a96a4dd96ffdc4579345437fe38fce880949423-
N/A-N/A-20150626163517714367