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. 88202504 VANS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8820250 4/large) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: the actual argument text and Exhibits A - B
Original PDF file:
evi_26011822809fd07882a9e 7446ee0f9-202003230935234 16603_._20200323_Remarks_ on_No._88202504_-_VANS_Tr apezoid_Mark.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_26011822809fd07882a9e 7446ee0f9-202003230935234 16603_._Exhibit_A.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_26011822809fd07882a9e 7446ee0f9-202003230935234 16603_._Exhibit_B.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Vans, Inc., a corporation of Delaware, having an address of
      1588 South Coast Drive
      Costa Mesa, California 92626
      United States

Proposed: Vans, Inc., a corporation of Delaware, having an address of
      1588 South Coast Drive
      Costa Mesa, California 92626
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.

Original PDF file:
e2f-26011822809fd07882a9e 7446ee0f9-093523416_._Exh ibit_A.pdf
Converted PDF file(s) ( 1 page) 2(f) evidence-1

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 1861882, 1353939


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

Correspondence Information (current):
      Aaron Y. Silverstein
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sandsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 990.409.11.
Correspondence Information (proposed):
      Aaron Y. Silverstein
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sandsip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsternberg@sandsip.com

The docket/reference number is 990.409.11.

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
Original PDF file:
HS_26011822809fd07882a9e7 446ee0f9-093523416_._Decl aration_of_Vicki_Redding_ on_App._No._88202504.pdf
Converted PDF file(s) (1 page) Signature File1
Signatory's Name: Vicki Redding
Signatory's Position: Vice President Product Management (Apparel)

Request for Reconsideration Signature
Signature: /Jamie E. Sternberg/     Date: 03/23/2020
Signatory's Name: Jamie E. Sternberg
Signatory's Position: Associate of Attorney of Record; CT Bar Member

Signatory's Phone Number: 203-653-8253

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 filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Aaron Y. Silverstein
   SAUNDERS & SILVERSTEIN LLP
   SUITE 224
   14 CEDAR STREET
   AMESBURY, Massachusetts 01913
Mailing Address:    Aaron Y. Silverstein
   SAUNDERS & SILVERSTEIN LLP
   SUITE 224
   14 CEDAR STREET
   AMESBURY, Massachusetts 01913
        
Serial Number: 88202504
Internet Transmission Date: Mon Mar 23 09:49:58 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200323094958324489-88202504-71
0362ce5e62ea5b6fbe6f7b7757a7e6911ca66098
783b9e5f14e347712662d7b-N/A-N/A-20200323
093523416603