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. 88174480 GTM(Standard Characters, see http://uspto.report/TM/88174480/mark.png) has been amended as follows:

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

This responds to the Office Action dated October 29, 2019 for U.S. Serial No. 88174480 for the mark GTM. The Office has objected to the registration of Applicant's mark based in part upon U.S. Registration No. 3737640. According to TSDR records, U.S. Registration No. 3737640 was registered on January 12, 2010, making the deadline for renewing the registration January 12, 2020. (See Exhibit A: printout of TSDR records for U.S. Reg. No. 3737640). According to TSDR records, it appears that that registrant did not file the necessary renewal documents before the statutorily prescribed deadline set forth above. (See id.). However, as indicated by TSDR records, that registrant has a six-month grace period (until July 13, 2020) to file the renewal late. (See Exhibit B: screenshot of Maintenance tab of TSDR records for U.S. Reg. No. 3737640). Accordingly, Applicant respectfully requests that the examination of Applicant's mark be suspended pending the disposition of U.S. Registration No. 3737640 to see if that registration ultimately cancels. Should the Examining Attorney have any questions with regard to this Response or to any matter relating to this Application, in general, a telephone call to Applicant's representative at the telephone number listed herein would be greatly appreciated.

EVIDENCE
Evidence has been attached: Accompanying Exhibits A and B
Original PDF file:
evi_1-4722721062-20200410 144214858166_._Exhibit_A_ -_GTM.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Original PDF file:
evi_4722721062-2020041014 4214858166_._Exhibit_B_-_ GTM.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Kingport Industries, L.L.C., a limited liability company legally organized under the laws of Illinois, having an address of
      1912 Shermer Road
      Northbrook, Illinois 60062
      United States

Proposed: Kingport Industries, L.L.C., a limited liability company legally organized under the laws of Illinois, having an address of
      1912 Shermer Road
      Northbrook, Illinois 60062
      United States
      Email Address: XXXX
Correspondence Information (current):
      Jonathan P. Froemel
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-ch@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 34603-287818.
Correspondence Information (proposed):
      Jonathan P. Froemel
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-ch@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Jonathan.Froemel@btlaw.com; bssmith@btlaw.com

The docket/reference number is 34603-287818.

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)
Request for Reconsideration Signature
Signature: /bssmith/     Date: 04/10/2020
Signatory's Name: Brittany S. Smith
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member

Signatory's Phone Number: 317-236-1313

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:    Jonathan P. Froemel
   BARNES & THORNBURG LLP
   
   PO BOX 2786
   CHICAGO, Illinois 60690-2786
Mailing Address:    Jonathan P. Froemel
   BARNES & THORNBURG LLP
   PO BOX 2786
   CHICAGO, Illinois 60690-2786
        
Serial Number: 88174480
Internet Transmission Date: Fri Apr 10 14:55:26 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2020041014552633
3152-88174480-7103ce0ddd52cf0974412c4922
f84c22e3ad71101badc82fb54da486845ce63e3d
-N/A-N/A-20200410144214858166