TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 86828302 BREVILLE(Standard Characters, see http://uspto.report/TM/86828302/mark.png) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Australia registration number 1734902 registered 11/16/2015, with a renewal date of __________ and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_9692201213-155237274_._TM_1734902_BREVILLE_Certificate_of_Registration__28715382v1_.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Non-downloadable software for accessing a recipe database; providing temporary use of online, non-downloadable software for accessing a recipe database; creating and maintaining weblogs in the nature of blogs for others hosting of weblogs in the nature of blogs; creating, designing, maintaining and hosting web pages and web sites; providing temporary use of on-line non-downloadable software to enable users to program audio, video, audio-visual, text and other multimedia content, including entertainment-related programs; maintenance of computer software; cloud computing featuring an accessible online computer database and web portal containing data and multi-media content in the field of beverage and food preparation and cooking; advisory, support, information and consultancy services of beverage and food preparation and cooking
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Australia application number 1734902 filed 11/16/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Non-downloadable software for accessing a recipe database; providing temporary use of online, non-downloadable software for accessing a recipe database; creating and maintaining weblogs in the nature of blogs for others hosting of weblogs in the nature of blogs; creating, designing, maintaining and hosting web pages and web sites; providing temporary use of on-line non-downloadable software to enable users to program audio, video, audio-visual, text and other multimedia content, including entertainment-related programs; cloud computing featuring an accessible online computer database and web portal containing data and multi-media content in the field of beverage and food preparation and cooking; maintenance of computer software; advisory, support, information and consultancy services of beverage and food preparation and cookingClass 042 for Non-downloadable software for accessing a recipe database; providing temporary use of online, non-downloadable software for accessing a recipe database; creating and maintaining weblogs in the nature of blogs for others hosting of weblogs in the nature of blogs; providing temporary use of on-line non-downloadable software to enable users to program audio, video, audio-visual, text and other multimedia content, including entertainment-related programs; cloud computing featuring an accessible online computer database and web portal containing data and multi-media content in the field of beverage and food preparation and cooking; advisory, support, information and consultancy services of beverage and food preparation and cooking
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Australia application number 1734902 filed 11/16/2015]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


ADDITIONAL STATEMENTS
Miscellaneous Statement

Original PDF file:
mis-9692201213-20170614155237274835_._Breville_Suspension_Inquiry_Response.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
mis-9692201213-20170614155237274835_._Exhibit_A_Breville_Suspension_Inquiry_Response.pdf
Converted PDF file(s) (31 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Miscellaneous File16
Miscellaneous File17
Miscellaneous File18
Miscellaneous File19
Miscellaneous File20
Miscellaneous File21
Miscellaneous File22
Miscellaneous File23
Miscellaneous File24
Miscellaneous File25
Miscellaneous File26
Miscellaneous File27
Miscellaneous File28
Miscellaneous File29
Miscellaneous File30
Miscellaneous File31

Response Suspension Inquiry Signature
Signature: /Sherry L. Rollo/     Date: 06/14/2017
Signatory's Name: Sherry L. Rollo
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone Number: (312) 637-3000

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: 86828302
Internet Transmission Date: Wed Jun 14 15:57:07 EDT 2017
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XXX-2017061415570734
1819-86828302-5903151c78384799def2229223
ecf7c16d6e358b2cfa74a49d81269a473fae93d4
-N/A-N/A-20170614155237274835