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. 86976052 REPRESENT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86976052/large) 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 016 for Paper; printed matter; photographs; stationery; books; calendars; greeting cards; bookmarks; loose-leaf binders; magazines; music greeting cards; notebooks; paper ribbons; paper napkins; paper handkerchiefs; paper bags; newsletters; writing sets; desk pads; drawing pads
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community registration number 012753356 registered 03/25/2015 with a renewal date of __________ and an expiration date of 04/02/2024 ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Paper; Photographs; printed matter; stationery; books in the field on-line ordering of clothing, accessories and general merchandise and promotional efforts therefore; calendars; books; greeting cards; bookmarks; loose-leaf binders; magazines in the field on-line ordering of clothing, accessories and general merchandise and promotional efforts therefore; music greeting cards; magazines; notebooks; paper ribbons; paper napkins; paper handkerchiefs; paper bags; newsletters in the field on-line ordering of clothing, accessories and general merchandise and promotional efforts therefore; writing sets; newsletters; desk pads; drawing padsClass 016 for Photographs; stationery; books in the field on-line ordering of clothing, accessories and general merchandise and promotional efforts therefore; calendars; greeting cards; bookmarks; loose-leaf binders; magazines in the field on-line ordering of clothing, accessories and general merchandise and promotional efforts therefore; music greeting cards; notebooks; paper ribbons; paper napkins; paper handkerchiefs; paper bags; newsletters in the field on-line ordering of clothing, accessories and general merchandise and promotional efforts therefore; writing sets; desk pads; drawing pads
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community registration number 012753356 registered 03/25/2015 with a renewal date of __________ and an expiration date of 04/02/2024 ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Order placement services and invoice management, including within the framework of e-commerce; rental of advertising space, including on the Internet (banner exchange); retail store services featuring clothing. Store services, namely, online retail store services featuring clothing, and providing a platform for others to feature clothing and merchandise, including luggage, duffel bags, leather bags, wallets, general purpose sport bags, handbags, waist packs, gym bags, attaché cases, billfolds, briefcases, fanny packs, key cases, purses, umbrellas, footwear and headwear, namely, hats and caps; computerized on-line ordering and wholesale distributorship services featuring clothing, accessories and general merchandise; dissemination of advertising for others via an on-line electronic communications network
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 04/30/2015 and first used in commerce at least as early as 04/30/2015 , and is now in use in such commerce.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Order placement services and invoice management, including within the framework of e-commerce; Order fulfillment services; rental of advertising space, including on the Internet (banner exchange); invoice management services, namely, accounts receivable and billing services; retail store services featuring clothing. Store services, namely, online retail store services featuring clothing, and providing a platform for others to feature clothing and merchandise, including luggage, duffel bags, leather bags, wallets, general purpose sport bags, handbags, waist packs, gym bags, attaché cases, billfolds, briefcases, fanny packs, key cases, purses, umbrellas, footwear and headwear, namely, hats and caps; rental of advertising space; rental of advertising space on web sites; retail store services featuring clothing; online retail store services featuring clothing; computerized on-line ordering and wholesale distributorship services featuring clothing, accessories and general merchandise; dissemination of advertising for others via an on-line electronic communications networkClass 035 for Order fulfillment services; invoice management services, namely, accounts receivable and billing services; rental of advertising space; rental of advertising space on web sites; retail store services featuring clothing; online retail store services featuring clothing; computerized on-line ordering and wholesale distributorship services featuring clothing, accessories and general merchandise; dissemination of advertising for others via an on-line electronic communications network
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 04/30/2015 and first used in commerce at least as early as 04/30/2015 , and is now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Jeffrey H. Greger/     Date: 08/04/2015
Signatory's Name: Jeffrey H. Greger
Signatory's Position: Trademark Attorney VA Bar

Signatory's Phone Number: 703-684-1111

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: 86976052
Internet Transmission Date: Tue Aug 04 18:33:31 EDT 2015
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20150804183331933
292-86976052-540d53b1cc1261f08e550631b9f
eda6c62c7b7836d8c123c14e48672ae6031c6-N/
A-N/A-20150804182140316760