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. 87826390 AEON(Standard Characters, see http://uspto.report/TM/87826390/mark.png) has been amended as follows:

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

The only matter raised in the most recent office action dated August 13, 2018 concerns a refusal under Section 2(d) of the Trademark Act. Two registrations were cited in the office action, specifically U.S. TM Reg. No. 4,853,082 for the mark AEON PHOCUS and U.S. TM Reg. No. 4,848,405 for the mark AEON SCIENTIFIC and design. Investigation by the Applicant indicates that the registered marks have been abandoned, there may have never been any intent to use these marks in U.S. commerce, and the Registrant was recently liquidated. Yesterday, Applicant filed with the Trademark Trial and Appeal Board a petition seeking cancellation of both of these registrations. Copies of the petition for cancellation and filing receipt received via the ESTTA system are attached. In view of these developments, Applicant requests that prosecution of its application to register AEON be suspended pending disposition of the cancellation proceedings described above. If the cited registrations are cancelled, then no further grounds for refusal remain and the subject application should proceed to publication. Such action is most earnestly solicited.

EVIDENCE
Evidence in the nature of copies of the Petition for Cancellation and ESTTA filing receipt related to the filing of the petition for cancellation. has been attached.
Original PDF file:
evi_6617026184-20190213174205771902_._Petition_to_Cancel.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_6617026184-20190213174205771902_._ncellation_Filing_Receipt_for_ESTTA_Tracking_No__ESTTA953568.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JAMES T. NIKOLAI
NIKOLAI & MERSEREAU, P.A.
900 SECOND AVENUE SOUTH
SUITE 1550
MINNEAPOLIS
Minnesota
US
55402

Proposed:
JAMES T. NIKOLAI of DeWitt LLP, having an address of
2100 AT&T Tower 901 Marquette Avenue MINNEAPOLIS, Minnesota 55402
United States
jtn@dewittllp.com;bmr@dewittllp.com; jnikolai1@mac.com
612-305-1518
612-305-1414
The docket/reference number is 20180048 .



SIGNATURE(S)
Request for Reconsideration Signature
Signature: /james nikolai/     Date: 02/13/2019
Signatory's Name: James T. Nikolai
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612-305-1518

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:    JAMES T. NIKOLAI
   DeWitt LLP
   2100 AT&T Tower
   901 Marquette Avenue
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 87826390
Internet Transmission Date: Wed Feb 13 17:54:08 EST 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2019021317540899
4764-87826390-62095f89b487df42f1e87f235d
3e5e6c2767dbdeaf7fd72c2ba9b925edd7a6c86-
N/A-N/A-20190213174205771902