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 09/20/2020)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86971393 ANDROGYNY(Standard Characters, see http://uspto.report/TM/86971393/mark.png) 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 003 for Cosmetics; Make-up; Cosmetic compacts
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 11/30/2015 and first used in commerce at least as early as 11/30/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Cosmetics; Make-up; Cosmetic compacts; Skin and hair care productsClass 003 for Cosmetics; Make-up; Cosmetic compacts; Skin and hair care products
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 11/30/2015 and first used in commerce at least as early as 11/30/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant acknowledges that the amendment to the drawing would be a material alteration based on the examiner's arguments.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /jrc/     Date: 11/28/2018
Signatory's Name: Jeffrey R. Cohen
Signatory's Position: Applicant's Attorney

Signatory's Phone Number: 7034655355

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: 86971393
Internet Transmission Date: Wed Nov 28 18:32:52 EST 2018
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201811281832520
87185-86971393-61015657da1415fdbbeeea4f2
bbb26b2579bd3a4b2dd6e1fbf8150658a9740990
-N/A-N/A-20181128182958876884