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. 88098790 LANZANOL(Standard Characters, see http://uspto.report/TM/88098790/mark.png) has been amended as follows:

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

This Amendment and Request for Reconsideration is submitted in reply to the Office Action issued March 16, 2020, which rejected the specimen filed in support of Applicant’s goods in Classes 1 and 4.

The Office Action refused acceptance of the specimen because the same specimen was submitted to show use of the goods in both Classes 1 and 4. The Office Action states, “the same picture of the goods cannot be used to satisfy the specimen requirements for both ‘ethanol not used as a fuel’ and “ethanol fuels.’”

In response to the specimen refusal, Applicant hereby deletes Class 1 in its entirety from the subject application. Applicant submits that the specimen previously filed on February 12, 2020 is an image of the mark on product packaging for the goods “ethanol fuels” in Class 4. Per TMEP §904.03(c), a specimen showing the mark as applied to the container of the goods is acceptable. Accordingly, Applicant believes no further specimen is required.

If the Examining Attorney has any comments regarding the specimen or finds that any of the requirements has not been met, Applicant respectfully requests that the Examining Attorney contact the undersigned counsel.

Respectfully submitted,

Maryann Maas

Lanzatech, Inc.

8045 Lamon Avenue, Suite 400

Skokie, Illinois United States 60077

Tel: (312) 463-5000

Email: ip@lanzatech.com

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 001 for Ethanol not used as a fuel

Applicant proposes to amend the following:

Current:
Class 004 for Ethanol fuels
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.

In International Class 004, the mark was first used at least as early as 01/29/2019 and first used in commerce at least as early as 01/29/2019.


Proposed:
Class 004 for Ethanol fuels

Deleted Filing Basis: 1(b)
In International Class 004, the mark was first used at least as early as 01/29/2019 . and first used in commerce at least as early as 01/29/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 004. The specimen(s) submitted consists of an image of the mark on product packaging for the goods ?ethanol fuels? in Class.
"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].
Original PDF file:
SPU1-42851130-20200915095 612166569_._LANZANOL_Spec imen_Class_4.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: LANZATECH, INC., a corporation of Delaware, having an address of
      8045 Lamon Avenue, Suite 400
      Skokie, Illinois 60077
      United States
      Email Address: XXXX
      847-324-2400
      847-324-2399
Proposed: LANZATECH, INC., a corporation of Delaware, having an address of
      8045 Lamon Avenue, Suite 400
      Skokie, Illinois 60077
      United States
      Email Address: XXXX
      847-324-2400
      847-324-2399
Correspondence Information (current):
      Maryann Maas
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@lanzatech.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is TM014US1.
Correspondence Information (proposed):
      Maryann Maas
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@lanzatech.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is TM014US1.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Maryann Maas/      Date: 09/15/2020
Signatory's Name: Maryann Maas
Signatory's Position: Attorney of Record, Illinois Bar Member
Signatory's Phone Number: 8473242400


Request for Reconsideration Signature
Signature: /Maryann Maas/     Date: 09/15/2020
Signatory's Name: Maryann Maas
Signatory's Position: Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 847-324-2400

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:    Maryann Maas
   LANZATECH, INC.
   
   8045 LAMON AVENUE, SUITE 400
   SKOKIE, Illinois 60077
Mailing Address:    Maryann Maas
   LANZATECH, INC.
   8045 LAMON AVENUE, SUITE 400
   SKOKIE, Illinois 60077
        
Serial Number: 88098790
Internet Transmission Date: Tue Sep 15 17:11:37 ET 2020
TEAS Stamp: USPTO/RFR-X.XX.XX.XXX-202009151711379252
88-88098790-750f9735843534842c69694f7c9e
675377158d94827542c9fdc2b6dcdb4a1c48e9-N
/A-N/A-20200915095612166569