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. 87218504 DAYTON(Standard Characters, see http://uspto.report/TM/87218504/mark.png) has been amended as follows:

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

In the September 30, 2019 Office Action, the Examining Attorney raised a question about the ownership of Canada Trademark Registration No. TMA792,915. However, Applicant respectfully asserts that there is no question as to its ownership of the Canadian registration on and before the filing date of its U.S. application from March 23, 2016 through May 31, 2018 for the following reasons:

• The Federal Court of Canada quashed the trademark dispute because Dayton Boot Co. Enterprises ("DBCE") never sought relief from Applicant. In relevant part, see the following text in the screenshot from the Canada intellectual property office’s website submitted along with Applicant's September 26, 2019 Response to Office Action, which reverses the prior change in title and comment stating that "[t]he ownership of this trademark and the validity of these transfers are in dispute":

CHANGE IN TITLE / CHANGEMENT EN TITRE:
TYPE OF CHANGE / GENRE DE CHANGEMENT: Remove Assignment - Transfer / Supprimer l'affectation - transfert
DATE REGISTERED / DATE DE L'ENREGISTREMENT: 2019-07-15
DATE OF CHANGE / DATE DE CHANGEMENT: 2019-05-16
COMMENTS / COMMENTAIRES: FROM: DAYTON BOOT CO. ENTERPRISES LTD.
TO: Hutchingame Growth Capital Corporation
Appeal allowed and Federal Court decision quashed. See A-115-18.

• DBCE has never demanded that Applicant stop using the DAYTON trademark nor has DBCE used the DAYTON trademark in the interim.
• DBCE has failed to litigate the objection to the Trustee's rejection of DBCE's Proof of Claim that was submitted in December 2017 as it never scheduled a Court date to overturn the Trustee's binding decision. In addition, Dayton Boot Brands has filed for bankruptcy so the DBCE dispute is dismissed as per the Canadian Bankruptcy and Insolvency Act.

In light of the foregoing explanation, Applicant respectfully requests that the refusal to register under Trademark Act Section 44(e) be withdrawn because Applicant was the owner of the Canadian registration on the filing date of its U.S. application as indicated in the relevant text excerpted above from the Canada intellectual property office’s website.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /matthew homyk/     Date: 12/18/2019
Signatory's Name: Matthew A. Homyk
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 215-569-5360

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney 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: 87218504
Internet Transmission Date: Wed Dec 18 23:51:46 EST 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201912182351469
66935-87218504-700439ad6cde347029b8d89aa
624f7c1ba9adb651d2155410f77ebe342920-N/A
-N/A-20191218231908971973