TEAS Request Reconsideration after FOA

SEARS SEATING

SEARS MANUFACTURING CO.

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)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88200097
LAW OFFICE ASSIGNED LAW OFFICE 125
MARK SECTION
MARK http://uspto.report/TM/88200097/mark.png
LITERAL ELEMENT SEARS SEATING
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (007)(current)
INTERNATIONAL CLASS 007
DESCRIPTION
Seats for use in agricultural machinery, construction equipment, commercial mowers, and timber-harvesting machinery
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/1996
        FIRST USE IN COMMERCE DATE At least as early as 12/31/1996
GOODS AND/OR SERVICES SECTION (007)(proposed)
INTERNATIONAL CLASS 007
DESCRIPTION
Seats for use in agricultural machinery, construction equipment, commercial mowers, and timber-harvesting machinery
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/1996
       FIRST USE IN COMMERCE DATE At least as early as 12/31/1996
       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)
       ORIGINAL PDF FILE SPU0-16714251130-20190919121140747170_._Trade_show_display.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\882\000\88200097\xml9\RFR0002.JPG
       ORIGINAL PDF FILE SPU0-16714251130-20190919121140747170_._Sears_Davenport_Product_Packaging.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\882\000\88200097\xml9\RFR0003.JPG
       SPECIMEN DESCRIPTION Display from trade show; label on box for packaging seat.
GOODS AND/OR SERVICES SECTION (012)(no change)
ATTORNEY SECTION (current)
NAME Joshua J. McIntyre
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME Lane & Waterman LLP
STREET 220 N. Main Street, Suite 600
CITY Davenport
STATE Iowa
POSTAL CODE 52801
COUNTRY US
PHONE 563-324-3246
FAX 563-324-1616
EMAIL usptomail@l-wlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Joshua J. McIntyre
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Lane & Waterman LLP
STREET 220 N. Main Street, Suite 600
CITY Davenport
STATE Iowa
POSTAL CODE 52801
COUNTRY United States
PHONE 563-324-3246
FAX 563-324-1616
EMAIL usptomail@l-wlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 3126-343
OTHER APPOINTED ATTORNEY Theodore F. Olt III, Kathryn E. Cox
CORRESPONDENCE SECTION (current)
NAME Joshua J. McIntyre
FIRM NAME Lane & Waterman LLP
STREET 220 N. Main Street, Suite 600
CITY Davenport
STATE Iowa
POSTAL CODE 52801
COUNTRY US
PHONE 563-324-3246
FAX 563-324-1616
EMAIL usptomail@l-wlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Joshua J. McIntyre
FIRM NAME Lane & Waterman LLP
STREET 220 N. Main Street, Suite 600
CITY Davenport
STATE Iowa
POSTAL CODE 52801
COUNTRY United States
PHONE 563-324-3246
FAX 563-324-1616
EMAIL usptomail@l-wlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 3126-343
SIGNATURE SECTION
DECLARATION SIGNATURE /Stephen G. Sears/
SIGNATORY'S NAME Stephen G. Sears
SIGNATORY'S POSITION Secretary
DATE SIGNED 09/23/2019
RESPONSE SIGNATURE /Kathryn E. Cox/
SIGNATORY'S NAME Kathryn E. Cox
SIGNATORY'S POSITION Attorney of record, Iowa bar member
SIGNATORY'S PHONE NUMBER 563-324-3246
DATE SIGNED 09/23/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Tue Sep 24 09:25:13 EDT 2019
TEAS STAMP USPTO/RFR-XXX.XXX.XX.XXX-
20190924092513331504-8820
0097-610f4bdb054676b7dc0b
7781fe1b9b9a69fcbf2c2cef9
9f2f7446b99eb3307f32-N/A-
N/A-20190924092120300692



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. 88200097 SEARS SEATING(Standard Characters, see http://uspto.report/TM/88200097/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Seats for use in agricultural machinery, construction equipment, commercial mowers, and timber-harvesting machinery
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 12/31/1996 and first used in commerce at least as early as 12/31/1996 , and is now in use in such commerce.

Proposed: Class 007 for Seats for use in agricultural machinery, construction equipment, commercial mowers, and timber-harvesting machinery
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 12/31/1996 and first used in commerce at least as early as 12/31/1996 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 007 . The specimen(s) submitted consists of Display from trade show; label on box for packaging seat. .
"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:
SPU0-16714251130-20190919121140747170_._Trade_show_display.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-16714251130-20190919121140747170_._Sears_Davenport_Product_Packaging.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Joshua J. McIntyre. Joshua J. McIntyre of Lane & Waterman LLP, is located at

      220 N. Main Street, Suite 600
      Davenport, Iowa 52801
      US

The phone number is 563-324-3246.

The fax number is 563-324-1616.

The email address is usptomail@l-wlaw.com

The applicants proposed attorney information: Joshua J. McIntyre. Other appointed attorneys are Theodore F. Olt III, Kathryn E. Cox. Joshua J. McIntyre of Lane & Waterman LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      220 N. Main Street, Suite 600
      Davenport, Iowa 52801
      United States
The docket/reference number is 3126-343.

The phone number is 563-324-3246.

The fax number is 563-324-1616.

The email address is usptomail@l-wlaw.com

Joshua J. McIntyre submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Joshua J. McIntyre. Joshua J. McIntyre of Lane & Waterman LLP, is located at

      220 N. Main Street, Suite 600
      Davenport, Iowa 52801
      US

The phone number is 563-324-3246.

The fax number is 563-324-1616.

The email address is usptomail@l-wlaw.com

The applicants proposed correspondence information: Joshua J. McIntyre. Joshua J. McIntyre of Lane & Waterman LLP, is located at

      220 N. Main Street, Suite 600
      Davenport, Iowa 52801
      United States
The docket/reference number is 3126-343.

The phone number is 563-324-3246.

The fax number is 563-324-1616.

The email address is usptomail@l-wlaw.com

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: /Stephen G. Sears/      Date: 09/23/2019
Signatory's Name: Stephen G. Sears
Signatory's Position: Secretary

Request for Reconsideration Signature
Signature: /Kathryn E. Cox/     Date: 09/23/2019
Signatory's Name: Kathryn E. Cox
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 563-324-3246

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:    Joshua J. McIntyre
   Lane & Waterman LLP
   
   220 N. Main Street, Suite 600
   Davenport, Iowa 52801
Mailing Address:    Joshua J. McIntyre
   Lane & Waterman LLP
   220 N. Main Street, Suite 600
   Davenport, Iowa 52801
        
Serial Number: 88200097
Internet Transmission Date: Tue Sep 24 09:25:13 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-201909240925133
31504-88200097-610f4bdb054676b7dc0b7781f
e1b9b9a69fcbf2c2cef99f2f7446b99eb3307f32
-N/A-N/A-20190924092120300692


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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