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. 88070411 ANSWERS, NOT ALERTS(Standard Characters, see http://uspto.report/TM/88070411/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 042 for Computer security services, namely, managed detection and response services in the nature of Technical support and consulting services related to security and vulnerability of, and cyber-attacks and threats against computers, computer systems, networks, hardware, software applications, digital devices, digital data, and mobile devices
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 04/30/2015 and first used in commerce at least as early as 04/30/2015 , and is now in use in such commerce.

Proposed: Class 042 for Computer security services, namely, managed detection and response services in the nature of Technical support and consulting services related to security and vulnerability of, and cyber-attacks and threats against computers, computer systems, networks, hardware, software applications, digital devices, digital data, and mobile devices
Deleted Filing Basis: 1(a)
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: Dianne M. Smith-Misemer. Dianne M. Smith-Misemer of HOVEY WILLIAMS LLP, is located at

      10801 MASTIN, BLVD., SUITE 1000
      10801 MASTIN, BLVD., SUITE 1000
      OVERLAND PARK, Kansas 66210
      US
The docket/reference number is 51369/6792.

The phone number is 913-647-9050.

The fax number is 913-647-9057.

The email address is tmdocketing.misemer@hoveywilliams.com

The applicants proposed attorney information: Dianne M. Smith-Misemer. Other appointed attorneys are John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, Darin McCollum, Chandler E. Schmidt and Jonathan L. Hines. Dianne M. Smith-Misemer of Hovey Williams LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      10801 Mastin Boulevard, Suite 1000
      10801 Mastin Boulevard, Suite 1000
      Overland Park, Kansas 66210
      United States
The docket/reference number is 51369/6792.

The phone number is 913-647-9050.

The fax number is 913-647-9057.

The email address is tmdocketing.misemer@hoveywilliams.com

Dianne M. Smith-Misemer 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: DIANNE M. SMITH-MISEMER. DIANNE M. SMITH-MISEMER of HOVEY WILLIAMS LLP, is located at

      10801 MASTIN, BLVD., SUITE 1000
      10801 MASTIN, BLVD., SUITE 1000
      OVERLAND PARK, Kansas 66210
      US
The docket/reference number is 51369/6792.

The phone number is 913-647-9050.

The fax number is 913-647-9057.

The email address is tmdocketing.misemer@hoveywilliams.com; rnichols@hoveywilliams.com

The applicants proposed correspondence information: Dianne M. Smith-Misemer. Dianne M. Smith-Misemer of Hovey Williams LLP, is located at

      10801 Mastin Boulevard, Suite 1000
      10801 Mastin Boulevard, Suite 1000
      Overland Park, Kansas 66210
      United States
The docket/reference number is 51369/6792.

The phone number is 913-647-9050.

The fax number is 913-647-9057.

The email address is tmdocketing.misemer@hoveywilliams.com; rnichols@hoveywilliams.com

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: /dsmisemer/      Date: 01/09/2020
Signatory's Name: Dianne M. Smith-Misemer
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 913 647 9050


Request for Reconsideration Signature
Signature: /dsmisemer/     Date: 01/09/2020
Signatory's Name: Dianne M. Smith-Misemer
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 913 647 9050

The signatory has confirmed that an authorized U.S. licensed attorney has been appointed to represent the owner/holder; that he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office of Enrollment and Discipline; and, that he/she is an authorized signatory based on 37 C.F.R. §11.14(c)(2).

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    DIANNE M. SMITH-MISEMER
   HOVEY WILLIAMS LLP
   10801 MASTIN, BLVD., SUITE 1000
   10801 MASTIN, BLVD., SUITE 1000
   OVERLAND PARK, Kansas 66210
Mailing Address:    Dianne M. Smith-Misemer
   Hovey Williams LLP
   10801 Mastin Boulevard, Suite 1000
   10801 Mastin Boulevard, Suite 1000
   Overland Park, Kansas 66210
        
Serial Number: 88070411
Internet Transmission Date: Thu Jan 09 13:04:08 EST 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2020010913040857
0397-88070411-700ea37c75eb2c5483f4f10aa9
6eccdd54bf56a4711a65ff2a6d6c9f8ea5643-N/
A-N/A-20200109101951661304