TEAS Request Reconsideration after FOA

BLUE WEDGE

Midwest Fastener Corporation

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)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88002081
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION (current)
MARK http://uspto.report/TM/88002081/mark.png
LITERAL ELEMENT BLUEWEDGE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
MARK SECTION (proposed)
MARK BLUE WEDGE
LITERAL ELEMENT BLUE WEDGE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
BLUE WEDGE
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use Wedge apart from the mark as shown.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
DECLARATION SIGNATURE /Jason DeVries/
SIGNATORY'S NAME Jason DeVries
SIGNATORY'S POSITION Vice President
SIGNATORY'S PHONE NUMBER 2693276917x 454
DATE SIGNED 10/04/2019
RESPONSE SIGNATURE /Jason DeVries/
SIGNATORY'S NAME Jason DeVries
SIGNATORY'S POSITION Vice President
SIGNATORY'S PHONE NUMBER 2693276917x 454
DATE SIGNED 10/04/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 04 11:56:41 EDT 2019
TEAS STAMP USPTO/RFR-XX.XX.XX.XXX-20
191004115641597024-880020
81-6102fe5501bb8fce15b59f
636ecc6c8108320414adad1ff
c277854b6392cb9e9-N/A-N/A
-20191004113913000183



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. 88002081 BLUEWEDGE(Standard Characters, see http://uspto.report/TM/88002081/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: BLUEWEDGE(Standard Characters, see http://uspto.report/TM/88002081/mark.png)
Proposed (USPTO generated image): BLUE WEDGE (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

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

BLUE WEDGE

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Wedge apart from the mark as shown.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Jason DeVries/      Date: 10/04/2019
Signatory's Name: Jason DeVries
Signatory's Position: Vice President
Signatory's Phone Number: 2693276917x 454


Request for Reconsideration Signature
Signature: /Jason DeVries/     Date: 10/04/2019
Signatory's Name: Jason DeVries
Signatory's Position: Vice President

Signatory's Phone Number: 2693276917x 454

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 88002081
Internet Transmission Date: Fri Oct 04 11:56:41 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XX.XX.XXX-20191004115641597
024-88002081-6102fe5501bb8fce15b59f636ec
c6c8108320414adad1ffc277854b6392cb9e9-N/
A-N/A-20191004113913000183


TEAS Request Reconsideration after FOA [image/jpeg]


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