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)

---

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. 88030716 CUE(Standard Characters, see http://uspto.report/TM/88030716/mark.png) has been amended as follows:

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

Applicant has previously provided argument that refusal of registration for this mark was inappropriate because said refusal was based similar marks but being used on different products. Applicants mark is used only on the following products: lighters, lighter fluid; lighter fluids, fuel for lighters and butane fuel for lighters. This request for reconsideration first asks the examiner to reconsider that the cited references are in a different line of commerce which does not conflict or cause confusion with Applicant's use of the mark on those products. In further support of the strength of Applicants mark in connection with the said products, Applicant has provided a statement with detailed sales figures that demonstrate the successful use of the "cue" mark in connection with these products. The strength of the sales aligns with the strength of the mark which has attained recognition by consumers. Accordingly, Applicant requests that the refusal to register be reconsidered in light of the commercially successful use of the mark with the products as reflected in the sales of these products using the "cue" mark, and that these sales are particular to this respective product field.

EVIDENCE
Evidence in the nature of The evidence consists of a statement by Applicant, and attached sales figures from Applicant's business MK Lighter Company showing the company's commercial success using the mark in connection with Applicants product line. Each of sales invoices indicates that the products sold are being marketed under the product identity "cue". has been attached.
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice_1.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._BRWA86BAD88FE70_012188-2.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice2.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice3.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice4.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice5.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice6.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice7.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice8.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice9.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice10.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_2132455412-20191017154936654203_._Invoice11.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

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: /Tony Wong/      Date: 10/17/2019
Signatory's Name: Tony Wong
Signatory's Position: Attorney of Record
Signatory's Phone Number: 2159086810


Request for Reconsideration Signature
Signature: /Tony Wong/     Date: 10/17/2019
Signatory's Name: Tony /wong
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2159086810

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: 88030716
Internet Transmission Date: Thu Oct 17 16:46:20 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XX-2019101716462050
4710-88030716-610060bce446a5f51ae23d362c
a992316b538a502f506cc004daea1b5ebe72d-N/
A-N/A-20191017154936654203