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. 87500328 BURLEY(Standard Characters, see http://uspto.report/TM/87500328/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 028 for Games; playthings; gymnastic articles not included in other classes
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the application. 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 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/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Games; Games and playthings, namely, board games, dice games, tabletop games, action target games, party games, puzzles, playing cards and card games, mechanical toys, parlor games, stuffed toys, toy construction kits, toy vehicles? gymnastic and sporting articles not included in other classes, namely, springboards, appliances for gymnastics, athletic supporters, protective supports for shoulders and elbows, sleds, weight lifting belts, athletic tape, waist trimmer exercise belts; playthings; gymnastic articles not included in other classesClass 028 for Games and playthings, namely, board games, dice games, tabletop games, action target games, party games, puzzles, playing cards and card games, mechanical toys, parlor games, stuffed toys, toy construction kits, toy vehicles? gymnastic and sporting articles not included in other classes, namely, springboards, appliances for gymnastics, athletic supporters, protective supports for shoulders and elbows, sleds, weight lifting belts, athletic tape, waist trimmer exercise belts
Filing Basis: Section 1(b), Intent to Use: 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 in the application. 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 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/services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JONATHAN G. MORTON
MORTON & ASSOCIATES LLP
246 WEST BROADWAY
NEW YORK
New York
US
10013

Proposed:
JONATHAN G. MORTON of Morton & Associates LLP, having an address of
246 West Broadway New York, New York 10013
United States
jgm@moas.com;trademark.desk@moas.com
212-468-5483
212-504-0888
The docket/reference number is 2605/2017 .



SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Jonathan G. Morton/     Date: 10/29/2018
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-468-5483

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.

Mailing Address:    JONATHAN G. MORTON
   Morton & Associates LLP
   246 West Broadway
   New York, New York 10013
        
Serial Number: 87500328
Internet Transmission Date: Mon Oct 29 20:11:54 EDT 2018
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XX-2018102920115461
9822-87500328-6103e98247daeb27950c7fc907
8f7732019aa4d484232f9378cd3447394d37d26f
-N/A-N/A-20181029001822844859