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 NUMBER88047199
LAW OFFICE ASSIGNEDLAW OFFICE 110
MARK SECTION
MARK FILE NAME https://tmng-al.uspto.gov/resting2/api/img/88047199/large
LITERAL ELEMENT AUBURN LEATHER EST. 1863
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
In response to the final office action dated May 08, 2019, applicant hereby proposes the following change in the application to overcome the refusal: The description of goods has been modified to "leather laces; leather straps" which remains consistent with the specimen that was submitted at the time of filing the application. The applicant firmly believes that this addresses the issue regarding the likelihood of confusion with Registration No. 3052639, cited in the office action and requests the Examining Attorney to allow the application to proceed towards publication
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS018
DESCRIPTION
leather and imitation leather; leather laces; leather thread; leather straps; tanned leathers; leather leads; leather sold in bulk; labels of leather; leather for shoes
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 06/25/2018
        FIRST USE IN COMMERCE DATE At least as early as 06/25/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS018
TRACKED TEXT DESCRIPTION
leather and imitation leather; leather laces; leather straps; leather thread; tanned leathers; leather leads; leather sold in bulk; labels of leather; leather for shoes
FINAL DESCRIPTIONleather laces; leather straps
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 06/25/2018
       FIRST USE IN COMMERCE DATE At least as early as 06/25/2018
ATTORNEY SECTION (new)
NAMENakia Gray, Esq.
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMEGray Legal, P.C.
INTERNAL ADDRESSSuite 200
STREET800 Maine Ave SW
CITYWashington
STATEDistrict of Columbia
POSTAL CODE20024
COUNTRYUnited States
PHONE202-971-9794
EMAILnakia@graylegalpc.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAMEGILLIAN TANG
FIRM NAMEISA TANTEC LIMITED
INTERNAL ADDRESSAVENIDA DA PRAIA GRANDE, NO.619
STREETEDIFICIO COMERCIAL SI TOI, 5 ANDAR
CITYUNIDADE 8
POSTAL CODE999078
COUNTRYMO
PHONE+853-68266314
EMAILeusousisi@gmail.com; tm2018lp@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAMENakia Gray, Esq.
FIRM NAMEGray Legal, P.C.
INTERNAL ADDRESSSuite 200
STREET800 Maine Ave SW
CITYWashington
STATEDistrict of Columbia
POSTAL CODE20024
COUNTRYUnited States
PHONE202-971-9794
EMAILnakia@graylegalpc.com; tm2018lp@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Nakia Gray/
SIGNATORY'S NAME Nakia Gray
SIGNATORY'S POSITION Attorney of Record, DC Bar #976595
SIGNATORY'S PHONE NUMBER 202-971-9794
DATE SIGNED 11/08/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Fri Nov 08 05:46:14 EST 2019
TEAS STAMP USPTO/RFR-XXX.XX.XXX.X-20
191108054614217185-880471
99-700f7eb9920ea3b1f76ec4
4702f6166ee199369a4de2be8
af8b25b24b6a12a5978c-N/A-
N/A-20191108053934965322


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. 88047199 AUBURN LEATHER EST. 1863 (Stylized and/or with Design, see https://tmng-al.uspto.gov/resting2/api/img/88047199/large) has been amended as follows:

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

In response to the final office action dated May 08, 2019, applicant hereby proposes the following change in the application to overcome the refusal: The description of goods has been modified to "leather laces; leather straps" which remains consistent with the specimen that was submitted at the time of filing the application. The applicant firmly believes that this addresses the issue regarding the likelihood of confusion with Registration No. 3052639, cited in the office action and requests the Examining Attorney to allow the application to proceed towards publication

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for leather and imitation leather; leather laces; leather thread; leather straps; tanned leathers; leather leads; leather sold in bulk; labels of leather; leather for shoes
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/25/2018 and first used in commerce at least as early as 06/25/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: leather and imitation leather; leather laces; leather straps; leather thread; tanned leathers; leather leads; leather sold in bulk; labels of leather; leather for shoes

Class 018 for leather laces; leather straps
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/25/2018 and first used in commerce at least as early as 06/25/2018 , and is now in use in such commerce.
The applicant hereby appoints Nakia Gray, Esq.. Nakia Gray, Esq. of Gray Legal, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 200
      800 Maine Ave SW
      Washington, District of Columbia 20024
      United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.

The phone number is 202-971-9794.

The email address is nakia@graylegalpc.com

Nakia Gray, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.


The applicant's current correspondence information: GILLIAN TANG. GILLIAN TANG of ISA TANTEC LIMITED, is located at

      AVENIDA DA PRAIA GRANDE, NO.619
      EDIFICIO COMERCIAL SI TOI, 5 ANDAR
      UNIDADE 8, 999078
      MO

The phone number is +853-68266314.

The email address is eusousisi@gmail.com; tm2018lp@gmail.com

The applicants proposed correspondence information: Nakia Gray, Esq.. Nakia Gray, Esq. of Gray Legal, P.C., is located at

      Suite 200
      800 Maine Ave SW
      Washington, District of Columbia 20024
      United States

The phone number is 202-971-9794.

The email address is nakia@graylegalpc.com; tm2018lp@gmail.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Nakia Gray/     Date: 11/08/2019
Signatory's Name: Nakia Gray
Signatory's Position: Attorney of Record, DC Bar #976595

Signatory's Phone Number: 202-971-9794

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.

Mailing Address:    GILLIAN TANG
   ISA TANTEC LIMITED
   AVENIDA DA PRAIA GRANDE, NO.619
   EDIFICIO COMERCIAL SI TOI, 5 ANDAR
   UNIDADE 8, 999078
Mailing Address:    Nakia Gray, Esq.
   Gray Legal, P.C.
   Suite 200
   800 Maine Ave SW
   Washington, District of Columbia 20024
        
Serial Number: 88047199
Internet Transmission Date: Fri Nov 08 05:46:14 EST 2019
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.X-20191108054614217
185-88047199-700f7eb9920ea3b1f76ec44702f
6166ee199369a4de2be8af8b25b24b6a12a5978c
-N/A-N/A-20191108053934965322