Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88083813

DATE:                                06/18/2019

NAME:                               alawrence1

NOTE:         

 

 X   OTHER:

 

From: Lawrence, Andrew
Sent: Tuesday, June 18, 2019 9:03 AM
To: Thien Lac Co <cothienlac84@gmail.com>
Subject: RE: Serial number 88083813: Received Your Request for Reconsideration after Final Action

 

Sir, your application was published for opposition on May 14, 2019.  At this time I do not know if anyone has opposed your application.  You can track the status of it at:  http://www.gov.uspto.report/trademarks-application-process/check-status-view-documents  Just enter your Serial Number where indicated. 

 

As to the question of whether or not you can use “TM” on your labels, that is a legal question which I cannot answer as I cannot act as your personal attorney.  However, if your trademark registers you definitely can use the U.S. federal registration symbol – ®.

 

Good luck with your business, Sir.  I wish you great success!

 

/Andrew D. Lawrence/
Trademark Managing Attorney

TWAH Coordinator

Law Office 126
United States Patent & Trademark Office

Jefferson Bldg., RM 6D71

571-272-9342

andrew.lawrence@uspto.gov

 

From: Thien Lac Co [mailto:cothienlac84@gmail.com]
Sent: Monday, June 17, 2019 10:51 PM
To: Lawrence, Andrew <Andrew.Lawrence@USPTO.GOV>
Subject: Re: Serial number 88083813: Received Your Request for Reconsideration after Final Action

 

Dear Lawrence, 

 

How are you going?

 

I would like to hear about the update of the trademark processing. Does anyone involve to my logo?

As an announcement, I will get the certification of the trademark after 11 weeks since publishing. 

I have some labels that need to draw the logo, it will be perfected if I know I can use 'TM' on my logo.

 

Thank you, 

 

Son Dang

 

 

Vào Th 3, 2 thg 4, 2019 vào lúc 08:05 Lawrence, Andrew <Andrew.Lawrence@uspto.gov> đã viết:

That is a document known as the Filing Receipt.  It reports back to you information in the application that you filed as well as information with respect to the fact that you were issued a final Office action.  But now you application has been approved for publication so the next document you should get will be a Notice of Publication.

 

/Andrew D. Lawrence/
Trademark Managing Attorney

TWAH Coordinator

Law Office 126
United States Patent & Trademark Office

Jefferson Bldg., RM 6D71

571-272-9342

andrew.lawrence@uspto.gov

 

From: Thien Lac Co [mailto:cothienlac84@gmail.com]
Sent: Tuesday, April 02, 2019 1:32 AM
To: Lawrence, Andrew <Andrew.Lawrence@USPTO.GOV>
Subject: Re: Serial number 88083813: Received Your Request for Reconsideration after Final Action

 

Dear Andrew, 

 

I got this email and wonder if do I need to submit anythings else?

Please let me know ahead.

 

Thanks and best regards, 

 

Son Dang

 

 

 

Vào Th 2, 18 thg 3, 2019 vào lúc 17:40 <TEAS@uspto.gov> đã viết:

Filing Receipt for Request for Reconsideration After Final Action Form and Next Steps in the Application Process Application serial no. 88083813.   Mark.  (Stylized and/or with Design, see http://uspto.report/TM/88083813/mark.png). Thank you for submitting your form to the U.S. Patent and Trademark Office (USPTO). Please read this filing receipt carefully and keep a copy for your records. If you find errors in your submission, the After You File page gives information about correcting errors. Next steps 1.     If you plan to file an appeal with the Trademark Trial and Appeal Board (TTAB), you must file it within six months of the date the Final Office action was issued. 2.     In four to five days, please confirm that we received the documents submitted with this form by checking Trademark Status and Document Retrieval (TSDR). If your documents do not appear in TSDR after four to five days, please email us. 3.     Within one to two months, the examining attorney will review your submission. If your submission is accepted, you will receive a notice that your mark will be published in the Trademark Official Gazette. For more information on publication, click on Box 5a, USPTO Publishes Mark, in the application timeline. If your submission is not accepted, you will receive a letter denying the request for reconsideration and explaining what's next in the application process. 4.     Continue to check TSDR every three to four months for any updates to your application status. 5.     Keep your addresses current in USPTO records using the address forms on our website. 6.     Questions? Please visit our website, email us, or call us at 1-800-786-9199 and select option 1. The information submitted in the form appears below: 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 NUMBER 88083813 LAW OFFICE ASSIGNED LAW OFFICE 126 MARK SECTION MARK FILE NAME http://uspto.report/TM/88083813/mark.png STANDARD CHARACTERS NO USPTO-GENERATED IMAGE NO COLOR(S) CLAIMED (If applicable) Color is not claimed as a feature of the mark. DESCRIPTION OF THE MARK (and Color Location, if applicable) The mark consists of A star with 5 colors in each petal light-blue, light green, light pink, light yellow, light orange, each color in each petal has light same color. EVIDENCE SECTION        EVIDENCE        FILE NAME(S) evi_17258102164-20190318181315666790_._IMG_3455.jpg DESCRIPTION OF EVIDENCE FILE The mark consists of a five pointed star. GOODS AND/OR SERVICES SECTION (025)(current) INTERNATIONAL CLASS 025 DESCRIPTION Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for sports and fitness; Bottoms as clothing; Footwear; Hats; Headbands; Headwear; Insoles; Socks; Tops as clothing; Wristbands as clothing FILING BASIS Section 1(a)         FIRST USE ANYWHERE DATE At least as early as 08/11/2018         FIRST USE IN COMMERCE DATE At least as early as 08/11/2018 GOODS AND/OR SERVICES SECTION (025)(proposed) INTERNATIONAL CLASS 025 DESCRIPTION Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for sports and fitness; Bottoms as clothing; Footwear; Hats; Headbands; Headwear; Insoles; Socks; Tops as clothing; Wristbands as clothing FILING BASIS Section 1(a)        FIRST USE ANYWHERE DATE At least as early as 08/11/2018        FIRST USE IN COMMERCE DATE At least as early as 08/11/2018        STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].        SPECIMEN        FILE NAME(S) SPU0-17258102164-20190318181315666790_._IMG_3455.jpg         SPU0-17258102164-20190318181315666790_._FFD035C3-40C9-4CE2-9FFF-DF1DFE7BE705.jpg        SPECIMEN DESCRIPTION The mark consists of a five pointed star. GOODS AND/OR SERVICES SECTION (028)(current) INTERNATIONAL CLASS 028 DESCRIPTION Badminton racket strings; Badminton rackets; Badminton shuttlecocks; Bags specially adapted for sports equipment; Grip tape for tennis rackets; Grip tape for badminton rackets; Nets for badminton; Squash racket strings; Squash rackets; Tennis balls; Tennis nets and uprights; Tennis racket strings; Tennis rackets; Trolley bags specially adapted for sports equipment FILING BASIS Section 1(a)         FIRST USE ANYWHERE DATE At least as early as 08/11/2018         FIRST USE IN COMMERCE DATE At least as early as 08/11/2018 GOODS AND/OR SERVICES SECTION (028)(proposed) INTERNATIONAL CLASS 028 DESCRIPTION Badminton racket strings; Badminton rackets; Badminton shuttlecocks; Bags specially adapted for sports equipment; Grip tape for tennis rackets; Grip tape for badminton rackets; Nets for badminton; Squash racket strings; Squash rackets; Tennis balls; Tennis nets and uprights; Tennis racket strings; Tennis rackets; Trolley bags specially adapted for sports equipment FILING BASIS Section 1(a)        FIRST USE ANYWHERE DATE At least as early as 08/11/2018        FIRST USE IN COMMERCE DATE At least as early as 08/11/2018        STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].        SPECIMEN        FILE NAME(S) SPU1-17258102164-20190318181315666790_._IMG_3455.jpg        SPECIMEN DESCRIPTION The mark consists of a five pointed star. ADDITIONAL STATEMENTS SECTION DESCRIPTION OF THE MARK (and Color Location, if applicable) The mark consists of a five pointed star. SIGNATURE SECTION DECLARATION SIGNATURE /SON DANG/ SIGNATORY'S NAME SON DANG SIGNATORY'S POSITION Owner SIGNATORY'S PHONE NUMBER 8326462661 DATE SIGNED 03/18/2019 RESPONSE SIGNATURE /SON DANG/ SIGNATORY'S NAME SON DANG SIGNATORY'S POSITION Owner SIGNATORY'S PHONE NUMBER 8326462661 DATE SIGNED 03/18/2019 AUTHORIZED SIGNATORY YES CONCURRENT APPEAL NOTICE FILED NO FILING INFORMATION SECTION SUBMIT DATE Mon Mar 18 18:40:59 EDT 2019 TEAS STAMP USPTO/RFR-172.58.102.164- 20190318184059071457-8808 3813-62045d9b92132c52e1e8 1950f5319d963c0a51e77e665 d8b3e3ac98df52f24d9-N/A-N /A-20190318181315666790 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. 88083813  (Stylized and/or with Design, see http://uspto.report/TM/88083813/mark.png) has been amended as follows: EVIDENCE Evidence in the nature of The mark consists of a five pointed star. has been attached. 1 [evi_17258102164-20190318181315666790_._IMG_3455.jpg ] CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for sports and fitness; Bottoms as clothing; Footwear; Hats; Headbands; Headwear; Insoles; Socks; Tops as clothing; Wristbands as clothing 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 08/11/2018 and first used in commerce at least as early as 08/11/2018 , and is now in use in such commerce. Proposed: Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic tops and bottoms for sports and fitness; Bottoms as clothing; Footwear; Hats; Headbands; Headwear; Insoles; Socks; Tops as clothing; Wristbands as clothing 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 08/11/2018 and first used in commerce at least as early as 08/11/2018 , and is now in use in such commerce. Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of The mark consists of a five pointed star. . "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. 1 [SPU0-17258102164-20190318181315666790_._IMG_3455.jpg ] 2 [SPU0-17258102164-20190318181315666790_._FFD035C3-40C9-4CE2-9FFF-DF1DFE7BE705.jpg ] Applicant proposes to amend the following class of goods/services in the application: Current: Class 028 for Badminton racket strings; Badminton rackets; Badminton shuttlecocks; Bags specially adapted for sports equipment; Grip tape for tennis rackets; Grip tape for badminton rackets; Nets for badminton; Squash racket strings; Squash rackets; Tennis balls; Tennis nets and uprights; Tennis racket strings; Tennis rackets; Trolley bags specially adapted for sports equipment 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 08/11/2018 and first used in commerce at least as early as 08/11/2018 , and is now in use in such commerce. Proposed: Class 028 for Badminton racket strings; Badminton rackets; Badminton shuttlecocks; Bags specially adapted for sports equipment; Grip tape for tennis rackets; Grip tape for badminton rackets; Nets for badminton; Squash racket strings; Squash rackets; Tennis balls; Tennis nets and uprights; Tennis racket strings; Tennis rackets; Trolley bags specially adapted for sports equipment 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 08/11/2018 and first used in commerce at least as early as 08/11/2018 , and is now in use in such commerce. Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of The mark consists of a five pointed star. . "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. 1 [SPU1-17258102164-20190318181315666790_._IMG_3455.jpg ] ADDITIONAL STATEMENTS Description of mark The mark consists of a five pointed star. 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: /SON DANG/    Date: 03/18/2019 Signatory's Name: SON DANG Signatory's Position: Owner Signatory's Phone Number: 8326462661 Request for Reconsideration Signature Signature: /SON DANG/    Date: 03/18/2019 Signatory's Name: SON DANG Signatory's Position: Owner Signatory's Phone Number: 8326462661 The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw. The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Thank you, The TEAS support team Mon Mar 18 18:40:59 EDT 2019 STAMP: USPTO/RFR-172.58.102.164-20190318184059071457-88083813-62045d9b92132c52e1e81950f5319d963c0a51e77e665d8b3e3ac98df52f24d9-N/A-N/A-20190318181315666790