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. 88052065 POSH(Standard Characters, see http://uspto.report/TM/88052065/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 001 for Materials and composite materials, namely, agricultural waste and/or industrial by-products in the nature of egg shells, rice hulls, wheat husks, straws, nut shells, kernels, bean hulls, fruit/vegetable peels, plant fibers, barks, leaves and mycelia for use in the manufacture of adsorbent and/or filtration media
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: Materials and composite materials, namely, agricultural waste and/or industrial by-products in the nature of egg shells, rice hulls, wheat husks, straws, nut shells, kernels, bean hulls, fruit/vegetable peels, plant fibers, barks, leaves and mycelia for use in the manufacture of adsorbent and/or filtration media; Filtration media materials and composite materials, namely, agricultural waste and/or industrial by-products in the nature of egg shells, rice hulls, wheat husks, straws, nut shells, kernels, bean hulls, fruit/vegetable peels, plant fibers, barks and leaves for purification of liquids, air and gases, by adsorbing heavy metals, chemicals and other pollutants from gaseous and liquid media.Class 001 for Filtration media materials and composite materials, namely, agricultural waste and/or industrial by-products in the nature of egg shells, rice hulls, wheat husks, straws, nut shells, kernels, bean hulls, fruit/vegetable peels, plant fibers, barks and leaves for purification of liquids, air and gases, by adsorbing heavy metals, chemicals and other pollutants from gaseous and liquid media.
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 hereby adds the following class of goods/services to the application:
New: Class 004 for NON-CHEMICAL ADSORBENT AND FILTRATION MATERIALS AND COMPOSITE MATERIALS, NAMELY, AGRICULTURAL WASTE AND/OR INDUSTRIAL BY-PRODUCTS IN THE NATURE OF EGG SHELLS, RICE HULLS, WHEAT HUSKS, STRAWS, NUT SHELLS, KERNELS, BEAN HULLS, FRUIT/VEGETABLE PEELS, PLANT FIBERS, BARKS AND LEAVES FOR REMOVING IMPURITIES FROM AIR, WATER AND OTHER GASEOUS AND LIQUID MEDIA.
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: Christopher R Rhodes. Christopher R Rhodes of RHODES IP PLC, is located at

      STE F
      3090 ELECTRIC RD
      ROANOKE, Virginia 24018
      US
The docket/reference number is CSILLC-4002.

The phone number is 540-904-0398.

The fax number is 5402661958.

The email address is crhodes@rhodesip.com

The applicants proposed attorney information: Christopher R Rhodes. Christopher R Rhodes of RHODES IP PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      STE F
      3090 ELECTRIC RD
      ROANOKE, Virginia 24018
      United States
The docket/reference number is CSILLC-4002.

The phone number is 540-904-0398.

The fax number is 5402661958.

The email address is crhodes@rhodesip.com

Christopher R Rhodes 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: CHRISTOPHER R RHODES. CHRISTOPHER R RHODES of RHODES IP PLC, is located at

      STE F
      3090 ELECTRIC RD
      ROANOKE, Virginia 24018
      US
The docket/reference number is CSILLC-4002.

The phone number is 540-904-0398.

The fax number is 5402661958.

The email address is crhodes@rhodesip.com

The applicants proposed correspondence information: Christopher R Rhodes. Christopher R Rhodes of RHODES IP PLC, is located at

      STE F
      3090 ELECTRIC RD
      ROANOKE, Virginia 24018
      United States
The docket/reference number is CSILLC-4002.

The phone number is 540-904-0398.

The fax number is 5402661958.

The email address is crhodes@rhodesip.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Christopher R Rhodes/      Date: 08/13/2019
Signatory's Name: Christopher R Rhodes
Signatory's Position: Attorney of Record, VA Bar Member
Signatory's Phone Number: 5409040398


Request for Reconsideration Signature
Signature: /Christopher R Rhodes/     Date: 08/13/2019
Signatory's Name: Christopher R Rhodes
Signatory's Position: Attorney of Record, VA Bar Member

Signatory's Phone Number: 5409040938

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:    CHRISTOPHER R RHODES
   RHODES IP PLC
   STE F
   3090 ELECTRIC RD
   ROANOKE, Virginia 24018
Mailing Address:    Christopher R Rhodes
   RHODES IP PLC
   STE F
   3090 ELECTRIC RD
   ROANOKE, Virginia 24018
        
RAM Sale Number: 88052065
RAM Accounting Date: 08/13/2019
        
Serial Number: 88052065
Internet Transmission Date: Tue Aug 13 10:31:46 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2019081310314618
8200-88052065-610e3dcfde3f5dda9b814dc489
c915b1abba836917c71ad8b0b66fb25968308f-C
C-31455838-20190813102356204529