TEAS Request Reconsideration after FOA

LINHART

LINHART INCORPORATED

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 88227237
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88227237/mark.png
LITERAL ELEMENT LINHART
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 (003)(current)
INTERNATIONAL CLASS 003
DESCRIPTION Lip balm; Tooth whitening gels; Toothpastes
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/00/2017
        FIRST USE IN COMMERCE DATE At least as early as 07/00/2017
GOODS AND/OR SERVICES SECTION (003)(proposed)
INTERNATIONAL CLASS 003
DESCRIPTION Lip balm; Tooth whitening gels; Toothpastes
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2013
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2013
GOODS AND/OR SERVICES SECTION (021)(current)
INTERNATIONAL CLASS 021
DESCRIPTION Tooth brushes
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/00/2017
        FIRST USE IN COMMERCE DATE At least as early as 07/00/2017
GOODS AND/OR SERVICES SECTION (021)(proposed)
INTERNATIONAL CLASS 021
DESCRIPTION Tooth brushes
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2013
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2013
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Retail store services featuring dental products; On-line retail store services featuring subscription boxes containing dental products
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/00/2017
        FIRST USE IN COMMERCE DATE At least as early as 07/00/2017
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
DESCRIPTION
Retail store services featuring dental products; On-line retail store services featuring subscription boxes containing dental products
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 00/00/2013
       FIRST USE IN COMMERCE DATE At least as early as 00/00/2013
SIGNATURE SECTION
DECLARATION SIGNATURE /Zachary Linhart /
SIGNATORY'S NAME Zachary E. Linhart
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 9145529194
DATE SIGNED 07/03/2019
RESPONSE SIGNATURE //Ben Natter//
SIGNATORY'S NAME Ben Natter
SIGNATORY'S POSITION Attorney of record, member NY bar
DATE SIGNED 07/03/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 03 17:12:49 EDT 2019
TEAS STAMP USPTO/RFR-XX.XXX.XXX.X-20
190703171249984663-882272
37-6203e7c545bc7d8c328ef2
127794e599cac611e3e30e5ba
7df13e394873f3981ea-N/A-N
/A-20190703164043928075



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. 88227237 LINHART(Standard Characters, see http://uspto.report/TM/88227237/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 003 for Lip balm; Tooth whitening gels; Toothpastes
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 07/00/2017 and first used in commerce at least as early as 07/00/2017 , and is now in use in such commerce.

Proposed: Class 003 for Lip balm; Tooth whitening gels; Toothpastes
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 00/00/2013 and first used in commerce at least as early as 00/00/2013 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Tooth brushes
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 07/00/2017 and first used in commerce at least as early as 07/00/2017 , and is now in use in such commerce.

Proposed: Class 021 for Tooth brushes
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 00/00/2013 and first used in commerce at least as early as 00/00/2013 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services featuring dental products; On-line retail store services featuring subscription boxes containing dental products
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 07/00/2017 and first used in commerce at least as early as 07/00/2017 , and is now in use in such commerce.

Proposed: Class 035 for Retail store services featuring dental products; On-line retail store services featuring subscription boxes containing dental products
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 00/00/2013 and first used in commerce at least as early as 00/00/2013 , and is now in use in such commerce.
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: /Zachary Linhart /      Date: 07/03/2019
Signatory's Name: Zachary E. Linhart
Signatory's Position: Owner
Signatory's Phone Number: 9145529194


Request for Reconsideration Signature
Signature: //Ben Natter//     Date: 07/03/2019
Signatory's Name: Ben Natter
Signatory's Position: Attorney of record, member NY bar

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent 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.

        
Serial Number: 88227237
Internet Transmission Date: Wed Jul 03 17:12:49 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.X-20190703171249984
663-88227237-6203e7c545bc7d8c328ef212779
4e599cac611e3e30e5ba7df13e394873f3981ea-
N/A-N/A-20190703164043928075



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