TEAS Request Reconsideration after FOA

FUTURE OF WORK

Alliance Capital FOWF, Inc.

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 88220228
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK mark
LITERAL ELEMENT FUTURE OF WORK
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.
ARGUMENT(S)
On April 20, 2020, the examining attorney refused applicant's substitute specimens, while opining the mark on the specimen does not match the mark in the drawing. Applicant notes that the examining attorney's refusal relates to applicant's services in International Class 36 only, the examining attorney has accepted Applicant's specimens demonstrating Applicant's services in Class 41.
In the refusal, the examining attorney referred specifically to the additional wording on the same line as the mark under application, namely “FUNDS,” despite the fact that those who perceive the mark on the specimens could easily pick out Applicant's mark because of the change in coloring. While Applicant does not agree that the mark in the specimens does not match the mark in this application as filed, Applicant chooses to strike from this application Applicant's identified Class 36 services.
All requirements being met, as to Applicant's Class 41 services, in this application, Applicant requests the examining attorney now move this application on to publication and issuance with Class 41 services only.
GOODS AND/OR SERVICES SECTION (036)(class deleted)
GOODS AND/OR SERVICES SECTION (041) (no change)
CORRESPONDENCE INFORMATION (current)
NAME Thomas W. Cook
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tom@thomascooklaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER ALLI-3/FUTUR
CORRESPONDENCE INFORMATION (proposed)
NAME Thomas W. Cook
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tom@thomascooklaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER ALLI-3/FUTUR
SIGNATURE SECTION
RESPONSE SIGNATURE /Thomas W. Cook/
SIGNATORY'S NAME Thomas W. Cook
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 415-339-8550
DATE SIGNED 04/28/2020
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 28 18:43:43 ET 2020
TEAS STAMP USPTO/RFR-XX.XX.XX.XXX-20
200428184343840725-882202
28-71037caebf56494710c04d
f5fa6110b45b9d872ec3eae99
f9335ba9b0131c4f1c-N/A-N/
A-20200428182720261940



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. 88220228 FUTURE OF WORK(Standard Characters, see http://uspto.report/TM/88220228/mark.png) has been amended as follows:

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

On April 20, 2020, the examining attorney refused applicant's substitute specimens, while opining the mark on the specimen does not match the mark in the drawing. Applicant notes that the examining attorney's refusal relates to applicant's services in International Class 36 only, the examining attorney has accepted Applicant's specimens demonstrating Applicant's services in Class 41.
In the refusal, the examining attorney referred specifically to the additional wording on the same line as the mark under application, namely “FUNDS,” despite the fact that those who perceive the mark on the specimens could easily pick out Applicant's mark because of the change in coloring. While Applicant does not agree that the mark in the specimens does not match the mark in this application as filed, Applicant chooses to strike from this application Applicant's identified Class 36 services.
All requirements being met, as to Applicant's Class 41 services, in this application, Applicant requests the examining attorney now move this application on to publication and issuance with Class 41 services only.


CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 036 for Investment management; Funds investment; Capital investment services; Financial services, namely, investment advice, investment management, investment consultation and investment of funds for others, including private and public equity and debt investment services; Management of a capital investment fund; Providing working capital financing to small businesses and small business owners; Investment management; Financial portfolio management; providing financial news relating to labor, work and working
Correspondence Information (current):
      Thomas W. Cook
      PRIMARY EMAIL FOR CORRESPONDENCE: tom@thomascooklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ALLI-3/FUTUR.
Correspondence Information (proposed):
      Thomas W. Cook
      PRIMARY EMAIL FOR CORRESPONDENCE: tom@thomascooklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is ALLI-3/FUTUR.

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: /Thomas W. Cook/     Date: 04/28/2020
Signatory's Name: Thomas W. Cook
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 415-339-8550

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:    Thomas W. Cook
   THOMAS COOK INTELLECTUAL PROPERTY ATTORNEYS
   
   P.O. BOX 1989
   SAUSALITO, California 94965
Mailing Address:    Thomas W. Cook
   THOMAS COOK INTELLECTUAL PROPERTY ATTORNEYS
   P.O. BOX 1989
   SAUSALITO, California 94965
        
Serial Number: 88220228
Internet Transmission Date: Tue Apr 28 18:43:43 ET 2020
TEAS Stamp: USPTO/RFR-XX.XX.XX.XXX-20200428184343840
725-88220228-71037caebf56494710c04df5fa6
110b45b9d872ec3eae99f9335ba9b0131c4f1c-N
/A-N/A-20200428182720261940



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