TEAS Request Reconsideration after FOA

EYE

Guyton, Isavier J

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 88204262
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88204262/mark.png
LITERAL ELEMENT EYE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of lines that were drawn to formulate an image of an eye with veins showing on the outer part of the eye image. The letters E,Y,E, going both on top and bottom in a reflection of the design represent the organization initials.
OWNER SECTION (current)
NAME Guyton, Isavier J
DBA/AKA/TA/Formerly DBA E.Y.E. (Educated Young Emancipated) Media Group
INTERNAL ADDRESS PO BOX 480785
STREET PO BOX 480785
CITY Charlotte
STATE North Carolina
ZIP/POSTAL CODE 28269
COUNTRY United States
PHONE 980-267-6879
EMAIL XXXX
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
OWNER SECTION (proposed)
NAME Guyton, Isavier J
DBA/AKA/TA/Formerly AKA E.Y.E. (Educated Young Emancipated) Media Group
INTERNAL ADDRESS PO BOX 480785
STREET PO BOX 480785
CITY Charlotte
STATE North Carolina
ZIP/POSTAL CODE 28269
COUNTRY United States
PHONE 980-267-6879
EMAIL XXXX
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
LEGAL ENTITY SECTION (current)
TYPE non-profit association
STATE/COUNTRY WHERE LEGALLY ORGANIZED North Carolina
NAME OF ALL GENERAL PARTNERS, ACTIVE MEMBERS, INDIVIDUAL, TRUSTEES, OR EXECUTORS, AND CITIZENSHIP/ INCORPORATION Isavier Guyton - United States
LEGAL ENTITY SECTION (proposed)
TYPE individual
COUNTRY OF CITIZENSHIP United States
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Music composition services; Music production services; Entertainment, namely, live music concerts; Publishing of books, e-books, audio books, music and illustrations
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/20/2016
        FIRST USE IN COMMERCE DATE At least as early as 05/20/2016
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Music composition services; Music production services; Entertainment, namely, live music concerts; Publishing of books, e-books, audio books, music and illustrations
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/20/2016
       FIRST USE IN COMMERCE DATE At least as early as 05/20/2016
       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 SPU0-75190111215-20190410045005938188_._eyelogo__5_.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\882\042\88204262\xml9\RFR0002.JPG
       SPECIMEN DESCRIPTION The specimen includes a marketing document showing use of commerce for the following trademark, referencing the intended class of this application.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Please delete the disclaimer currently of record The mark consists of a stylized human eye, with the center of the eye appearing as a solid diamond shape outlined by two larger diamonds formed with solid lines, surrounded by six triangles, with three triangles appearing on top of the diamond design, each with a letter from the word EYE, with the three triangles below the diamond design appearing as a mirror image of the triangles on top, with the reflection of the letters EYE, all encompassed in a circle as the center of the eye, with lines extending from the outer edge of the circle appearing as veins. Along the bottom edge of the eye appears solid dripping liquid in various sizes. I would like to replace the trademark description as follows; The mark consist of the animated human eye. Detailed are the pupil and retina areas reflecting designs and symbols throughout.
SIGNATURE SECTION
DECLARATION SIGNATURE /Isavier Guyton/
SIGNATORY'S NAME Isavier Guyton
SIGNATORY'S POSITION Owner
DATE SIGNED 04/10/2019
RESPONSE SIGNATURE /Isavier Guyton/
SIGNATORY'S NAME Isavier Guyton
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 9802676879
DATE SIGNED 04/10/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Wed Apr 10 05:05:14 EDT 2019
TEAS STAMP USPTO/RFR-XX.XXX.XXX.XXX-
20190410050514867870-8820
4262-620c46160c9c831e2df2
c38211947ec820d718dd6e268
27d892e6c732a4837c38d-N/A
-N/A-20190410045005938188



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. 88204262 EYE (Stylized and/or with Design, see http://uspto.report/TM/88204262/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 041 for Music composition services; Music production services; Entertainment, namely, live music concerts; Publishing of books, e-books, audio books, music and illustrations
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 05/20/2016 and first used in commerce at least as early as 05/20/2016 , and is now in use in such commerce.

Proposed: Class 041 for Music composition services; Music production services; Entertainment, namely, live music concerts; Publishing of books, e-books, audio books, music and illustrations
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 05/20/2016 and first used in commerce at least as early as 05/20/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of The specimen includes a marketing document showing use of commerce for the following trademark, referencing the intended class of this application. .
"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:
SPU0-75190111215-20190410045005938188_._eyelogo__5_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Guyton, Isavier J, DBA E.Y.E. (Educated Young Emancipated) Media Group a(n) non-profit association, legally organized under the laws of North Carolina, comprising of Isavier Guyton - United States, having an address of
      
      PO BOX 480785PO BOX 480785
      Charlotte, North Carolina 28269
      United States

      XXXX (authorized)
      980-267-6879
Proposed: Isavier J Guyton, AKA E.Y.E. (Educated Young Emancipated) Media Group, a citizen of United States, having an address of
      PO BOX 480785
      PO BOX 480785
      Charlotte, North Carolina 28269
      United States
      XXXX (authorized)
      980-267-6879

ADDITIONAL STATEMENTS
Miscellaneous Statement
Please delete the disclaimer currently of record The mark consists of a stylized human eye, with the center of the eye appearing as a solid diamond shape outlined by two larger diamonds formed with solid lines, surrounded by six triangles, with three triangles appearing on top of the diamond design, each with a letter from the word EYE, with the three triangles below the diamond design appearing as a mirror image of the triangles on top, with the reflection of the letters EYE, all encompassed in a circle as the center of the eye, with lines extending from the outer edge of the circle appearing as veins. Along the bottom edge of the eye appears solid dripping liquid in various sizes. I would like to replace the trademark description as follows; The mark consist of the animated human eye. Detailed are the pupil and retina areas reflecting designs and symbols throughout.


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: /Isavier Guyton/      Date: 04/10/2019
Signatory's Name: Isavier Guyton
Signatory's Position: Owner

Request for Reconsideration Signature
Signature: /Isavier Guyton/     Date: 04/10/2019
Signatory's Name: Isavier Guyton
Signatory's Position: Owner

Signatory's Phone Number: 9802676879

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

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

        
Serial Number: 88204262
Internet Transmission Date: Wed Apr 10 05:05:14 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201904100505148
67870-88204262-620c46160c9c831e2df2c3821
1947ec820d718dd6e26827d892e6c732a4837c38
d-N/A-N/A-20190410045005938188


TEAS Request Reconsideration after FOA [image/jpeg]


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