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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
87566001 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/87566001/mark.png |
| LITERAL ELEMENT |
NEO |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| ARGUMENT(S) |
| Please refer to arguments contained in Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_104129196110-20181205231528836607_._NexGen_-_NEO_-_Request_for_Reconsideration.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0006.JPG |
| ORIGINAL PDF FILE |
evi_104129196110-20181205231528836607_._Evidence.pdf |
CONVERTED PDF FILE(S)
(13 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0010.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0011.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0012.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0013.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0014.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0015.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0016.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0017.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0018.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\875\660\87566001\xml8\RFR0019.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Arguments Evidence |
| GOODS AND/OR SERVICES SECTION (009)(no change) |
| GOODS AND/OR SERVICES SECTION (041)(current) |
| INTERNATIONAL CLASS |
041 |
| DESCRIPTION |
| Educational services, namely, providing English and foreign language instruction services and educational services in the nature of
correspondence and vocational schools, private language schools, and schools specializing in English and foreign languages |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (041)(proposed) |
| INTERNATIONAL CLASS |
041 |
| TRACKED TEXT DESCRIPTION |
Educational services, namely, providing English and foreign language instruction services and
educational services in the nature of correspondence and vocational schools, private language schools, and schools specializing in English and foreign languages; Educational services, namely, providing English instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and schools
specializing in English, none of the foregoing including the provision of continuing medical education courses or courses tailored to healthcare professionals. |
| FINAL DESCRIPTION |
| Educational services, namely, providing English instruction services and educational services in the nature of correspondence and
vocational schools, private language schools, and schools specializing in English, none of the foregoing including the provision of continuing medical education courses or courses tailored to
healthcare professionals. |
| FILING BASIS |
Section 1(b) |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/db/ |
| SIGNATORY'S NAME |
Danielle Benecke |
| SIGNATORY'S POSITION |
Associate Attorney, Baker & McKenzie LLP and California Bar Member |
| SIGNATORY'S PHONE NUMBER |
6502515927 |
| DATE SIGNED |
12/05/2018 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Wed Dec 05 23:24:06 EST 2018 |
| TEAS STAMP |
USPTO/RFR-XXX.XXX.XXX.XXX
-20181205232406150281-875
66001-61021bac7b4c31deef9
63c879f6b2fc58feb38d28d40
cdcbefd1929a319abc45f1-N/
A-N/A-2018120523152883660
7 |
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.
87566001 NEO (Stylized and/or with Design, see http://uspto.report/TM/87566001/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please refer to arguments contained in Evidence section.
EVIDENCE
Evidence in the nature of Arguments Evidence has been attached.
Original PDF file:
evi_104129196110-20181205231528836607_._NexGen_-_NEO_-_Request_for_Reconsideration.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_104129196110-20181205231528836607_._Evidence.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing English and foreign language instruction services and educational services in the nature of correspondence and vocational
schools, private language schools, and schools specializing in English and foreign languages
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: Educational services, namely, providing English and foreign language instruction services and educational services in the nature of
correspondence and vocational schools, private language schools, and schools specializing in English and foreign languages;
Educational services, namely,
providing English instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and schools specializing in English, none of the
foregoing including the provision of continuing medical education courses or courses tailored to healthcare professionals.Class 041 for Educational services, namely, providing English
instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and schools specializing in English, none of the foregoing including
the provision of continuing medical education courses or courses tailored to healthcare professionals.
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.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /db/ Date: 12/05/2018
Signatory's Name: Danielle Benecke
Signatory's Position: Associate Attorney, Baker & McKenzie LLP and California Bar Member
Signatory's Phone Number: 6502515927
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: 87566001
Internet Transmission Date: Wed Dec 05 23:24:06 EST 2018
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20181205232406
150281-87566001-61021bac7b4c31deef963c87
9f6b2fc58feb38d28d40cdcbefd1929a319abc45
f1-N/A-N/A-20181205231528836607
