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 09/30/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88141255 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88141255/mark.png |
LITERAL ELEMENT |
KINO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (029) (current) |
INTERNATIONAL CLASS |
029 |
DESCRIPTION |
(Based on Use in Commerce) (Based on Intent to Use) Frozen seafood, cooked seafood; Processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (029) (proposed) |
INTERNATIONAL CLASS |
029 |
TRACKED TEXT DESCRIPTION |
(Based on Use in Commerce) (Based on Intent to Use) Frozen seafood, cooked seafood; Frozen seafood, cooked seafood; Processed value added seafood |
FINAL DESCRIPTION |
Frozen seafood, cooked seafood; Processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035) (current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
(Based on Use in Commerce) (Based on Intent to Use) Wholesale store and retail store services all featuring frozen, cooked and
processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035) (proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
(Based on Use in Commerce) (Based on Intent to Use) Wholesale store and retail store services all
featuring frozen, cooked and processed value added seafood; Wholesale store and retail store services all featuring frozen, cooked and processed value added
seafood |
FINAL DESCRIPTION |
Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (039) (current) |
INTERNATIONAL CLASS |
039 |
DESCRIPTION |
(Based on Use in Commerce) (Based on Intent to Use) Distribution services, namely, delivery of frozen, cooked and processed value added
seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (039) (proposed) |
INTERNATIONAL CLASS |
039 |
TRACKED TEXT DESCRIPTION |
(Based on Use in Commerce) (Based on Intent to Use) Distribution services, namely, delivery of frozen,
cooked and processed value added seafood; Distribution services, namely, delivery of frozen, cooked and processed value added seafood |
FINAL DESCRIPTION |
Distribution services, namely, delivery of frozen, cooked and processed value added seafood |
FIRST USE ANYWHERE DATE |
At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 03/01/2019 |
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) |
JPG FILE(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml5 \ RFR0004.JPG |
ORIGINAL PDF FILE |
SPU2-2071379110-202010271 71029870529_._Kino_2_side
d_card.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml5\ RFR0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml5\ RFR0003.JPG |
ORIGINAL PDF FILE |
SPU2-2071379110-202010271 71029870529_._PO.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\881\412\88141255\xml5\ RFR0005.JPG |
SPECIMEN DESCRIPTION |
Applicant's business card showing "distribution services in it; Applicant's frozen seafood package and boxed for distribution; Applicant's
purchase order form |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
Maria Johnson |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
maria@denovopc.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
raisa@denovopc.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Maria Johnson |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
maria@denovopc.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
raisa@denovopc.com |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Maria Johnson/ |
SIGNATORY'S NAME |
Maria Johnson |
SIGNATORY'S POSITION |
Attorney of Record, California Bar Member |
SIGNATORY'S PHONE NUMBER |
8589648217 |
DATE SIGNED |
10/27/2020 |
RESPONSE SIGNATURE |
/Maria Johnson/ |
SIGNATORY'S NAME |
Maria Johnson |
SIGNATORY'S POSITION |
Attorney of Record, California Bar Member |
SIGNATORY'S PHONE NUMBER |
8589648217 |
DATE SIGNED |
10/27/2020 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Oct 27 18:20:26 ET 2020 |
TEAS STAMP |
USPTO/RFR-XXX.XXX.X.XXX-2
0201027182026161595-88141
255-75095ad8fee249c8fa8f4
8fe196ed5b972678acd7d4f57
c28853d5d647365e74-N/A-N/
A-20201027181808590442 |
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 09/30/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88141255 KINO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8814125 5/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 029 for (Based on Use in Commerce) (Based on Intent to Use) Frozen seafood, cooked seafood; Processed value added seafood
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 029, the mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 03/01/2019.
Proposed:
Tracked Text Description: (Based on Use in Commerce) (Based on Intent to Use) Frozen seafood, cooked seafood;
Frozen
seafood, cooked seafood;
Processed value added seafoodClass 029 for Frozen seafood, cooked seafood; Processed value added seafood
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 029, the mark was first used at least as early as 01/01/2017 . and first used in commerce at least as early as 03/01/2019 .
Applicant proposes to amend the following:
Current:
Class 035 for (Based on Use in Commerce) (Based on Intent to Use) Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood
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 035, the mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 03/01/2019.
Proposed:
Tracked Text Description: (Based on Use in Commerce) (Based on Intent to Use) Wholesale store and retail store services all featuring frozen, cooked and
processed value added seafood;
Wholesale store and retail store services all featuring frozen, cooked and processed value added seafoodClass 035 for
Wholesale store and retail store services all featuring frozen, cooked and processed value added seafood
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 035, the mark was first used at least as early as 01/01/2017 . and first used in commerce at least as early as 03/01/2019 .
Applicant proposes to amend the following:
Current:
Class 039 for (Based on Use in Commerce) (Based on Intent to Use) Distribution services, namely, delivery of frozen, cooked and processed value added seafood
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 039, the mark was first used at least as early as 01/01/2017 and first used in commerce at least as early as 03/01/2019.
Proposed:
Tracked Text Description: (Based on Use in Commerce) (Based on Intent to Use) Distribution services, namely, delivery of frozen, cooked and processed value added
seafood;
Distribution services, namely, delivery of frozen, cooked and processed value added seafoodClass 039 for Distribution services, namely, delivery of
frozen, cooked and processed value added seafood
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 039, the mark was first used at least as early as 01/01/2017 . and first used in commerce at least as early as 03/01/2019 .
Applicant hereby submits one(or more) specimen(s) for Class 039. The specimen(s) submitted consists of Applicant's business card showing "distribution services in it; Applicant's frozen seafood
package and boxed for distribution; Applicant's purchase order form.
"
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].
JPG file(s):Specimen File1
Original PDF file:
SPU2-2071379110-202010271 71029870529_._Kino_2_side
d_card.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1Specimen File2
Original PDF file:
SPU2-2071379110-202010271 71029870529_._PO.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Correspondence Information (current):
Maria Johnson
PRIMARY EMAIL FOR CORRESPONDENCE: maria@denovopc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): raisa@denovopc.com
Correspondence Information (proposed):
Maria Johnson
PRIMARY EMAIL FOR CORRESPONDENCE: maria@denovopc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): raisa@denovopc.com
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: /Maria Johnson/ Date: 10/27/2020
Signatory's Name: Maria Johnson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 8589648217
Request for Reconsideration Signature
Signature: /Maria Johnson/ Date: 10/27/2020
Signatory's Name: Maria Johnson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 8589648217
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: Maria Johnson
DE NOVO LEGAL, PC
2055 CORTE DEL NOGAL
CARLSBAD, California 92011
Mailing Address: Maria Johnson
DE NOVO LEGAL, PC
2055 CORTE DEL NOGAL
CARLSBAD, California 92011
Serial Number: 88141255
Internet Transmission Date: Tue Oct 27 18:20:26 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.X.XXX-2020102718202616
1595-88141255-75095ad8fee249c8fa8f48fe19
6ed5b972678acd7d4f57c28853d5d647365e74-N
/A-N/A-20201027181808590442