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. 88152499 CHESTER(Standard Characters, see http://uspto.report/TM/88152499/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Cranks for bicycles; Handlebars; Pedals for motorcycles; Structural parts of bicycles; Bicycle handlebars; Bicycle pedal accessories, namely, clips, cleats, straps; Bicycle pedals; Bicycle seat posts; Bicycle seats; Bicycle parts, namely, sprockets; Bicycle parts, namely, handle bar stems; Non-motorized two-wheeled cycle with handbrakes which is pushed not pedaled; Parts of motorcycles, namely, brake pedals; Wheel rims
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 012, the mark was first used at least as early as 06/26/2019 and first used in commerce at least as early as 06/26/2019.


Proposed:

Tracked Text Description: Cranks for bicycles; Bicycle pedals; Handlebars; Pedals for motorcycles; Structural parts of bicycles; Bicycle handlebars; Bicycle pedal accessories, namely, clips, cleats, straps; Bicycle seat posts; Bicycle seats; Bicycle parts, namely, sprockets; Bicycle parts, namely, handle bar stems; Non-motorized two-wheeled cycle with handbrakes which is pushed not pedaled; Parts of motorcycles, namely, brake pedals; Wheel rimsClass 012 for Bicycle pedals

Deleted Filing Basis: 1(b)
In International Class 012, the mark was first used at least as early as 06/26/2019 . and first used in commerce at least as early as 06/26/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 012. The specimen(s) submitted consists of Mark used in Commerce for Bicycle pedals.
"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 File1Specimen File2
Original PDF file:
SPU0-39502073-20200708010 946354060_._Bike_Pedals_N ylon_Fiber_Bicycle_Flat_P edals_Green___Mysite_3.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Original PDF file:
SPU0-39502073-20200708010 946354060_._Cart_Page___M ysite_3.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU0-39502073-20200708010 946354060_.__Pedals_Nylon _Fiber_Bicycle_Flat_Pedal s_Turquoise___Mysite_3.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Original PDF file:
SPU0-39502073-20200708010 946354060_._Mountain_Bike _Pedals___Mountain_Bike_P edal.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Correspondence Information (current):
      SEEK DRAGON TECHNOLOGY LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: servicedepart@yeah.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brandlegal@yeah.net
Correspondence Information (proposed):
      SEEK DRAGON TECHNOLOGY LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: servicedepart@yeah.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brandlegal@yeah.net

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: /viki wen/      Date: 07/08/2020
Signatory's Name: viki wen
Signatory's Position: Owner

Request for Reconsideration Signature
Signature: /viki wen/     Date: 07/08/2020
Signatory's Name: viki wen
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

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

Mailing Address:    SEEK DRAGON TECHNOLOGY LLC
   
   
   2458 N 9th St
   Laramie, Wyoming 82072
Mailing Address:    SEEK DRAGON TECHNOLOGY LLC
   2458 N 9th St
   Laramie, Wyoming 82072
        
Serial Number: 88152499
Internet Transmission Date: Wed Jul 08 01:16:39 ET 2020
TEAS Stamp: USPTO/RFR-XX.XX.XX.XX-202007080116394404
18-88152499-710a06ce94f92a3ebb6c2f436cef
56d732e2ee44bdbcdc92d1c0115ec1c63af24f-N
/A-N/A-20200708010946354060