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. 88050837 ALTO (Stylized and/or with Design, see http://uspto.report/TM/88050837/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Transportation logistics services, namely, arranging transportation services for others; Providing a website featuring business management consultation in the field of transportation logistics
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: Transportation logistics services, namely, arranging transportation services for others; Transportation logistics services, namely, arranging the transportation of goods for others; Providing a website featuring business management consultation in the field of transportation logistics; Logistics management in the field of transportation of goods for others; Providing a website featuring business management consultation in the field of transportation logistics.Class 035 for Transportation logistics services, namely, arranging the transportation of goods for others; Logistics management in the field of transportation of goods for others; Providing a website featuring business management consultation in the field of transportation logistics.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Transportation of passengers by vehicle through a network of transportation providers; Providing a website featuring information regarding transportation services and bookings for transportation services
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: Transportation of passengers by vehicle through a network of transportation providers; Providing a website featuring information regarding transportation services and bookings for transportation services; Arranging of passenger transportation services for others.Class 039 for Transportation of passengers by vehicle through a network of transportation providers; Providing a website featuring information regarding transportation services and bookings for transportation services; Arranging of passenger transportation services for others.
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.

The applicant's current attorney information: Eric A. Lerner. Eric A. Lerner of Windels Marx Lane & Mittendorf, LLP, is located at

      156 West 56th Street
      New York, New York 10019
      US

The phone number is 212-237-1182.

The fax number is 212-262-1215.

The email address is elerner@windelsmarx.com

The applicants proposed attorney information: Eric A. Lerner. Eric A. Lerner of Windels Marx Lane & Mittendorf, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      156 West 56th Street
      New York, New York 10019
      United States

The phone number is 212-237-1182.

The fax number is 212-262-1215.

The email address is elerner@windelsmarx.com

Eric A. Lerner submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: Eric A. Lerner. Eric A. Lerner of Windels Marx Lane & Mittendorf, LLP, is located at

      156 West 56th Street
      New York, New York 10019
      US

The phone number is 212-237-1182.

The fax number is 212-262-1215.

The email address is elerner@windelsmarx.com; cmcbride@windelsmarx.com

The applicants proposed correspondence information: Eric A. Lerner. Eric A. Lerner of Windels Marx Lane & Mittendorf, LLP, is located at

      156 West 56th Street
      New York, New York 10019
      United States

The phone number is 212-237-1182.

The fax number is 212-262-1215.

The email address is elerner@windelsmarx.com; cmcbride@windelsmarx.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Eric Lerner/     Date: 08/13/2019
Signatory's Name: Eric A. Lerner
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212.237.1182

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:    Eric A. Lerner
   Windels Marx Lane & Mittendorf, LLP
   
   156 West 56th Street
   New York, New York 10019
Mailing Address:    Eric A. Lerner
   Windels Marx Lane & Mittendorf, LLP
   156 West 56th Street
   New York, New York 10019
        
Serial Number: 88050837
Internet Transmission Date: Tue Aug 13 17:41:39 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2019081317413949
8500-88050837-6103b981629673746e06444743
f96a7df1c6d95c2a42e413175679c557afc1924-
N/A-N/A-20190813162947190873