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. 88229725 K (Stylized and/or with Design, see http://uspto.report/TM/88229725/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 001 for Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry except fungicides, herbicides, insecticides and parasiticides; raw materials, namely, surfactants, lubricants, solvents, and colorants for use in the manufacture of industrial products, consumer and household products; unprocessed artificial resins; unprocessed plastics; organic materials, namely, organic conducting, semiconducting, and insulating materials, organic light absorbing and emitting materials, organic fertilizers, and soil additives; organic polymers, namely, organic unprocessed polymer resins, electrical conducting polymer compositions; fire extinguishing compositions; fire retardant chemicals; fire retardant compositions for commercial and domestic use; chemical substances for preserving foodstuffs; adhesives used in industry; active chemicals additives used in lubricants, gasoline, and fuel; active chemicals for use in the manufacture of pharmaceuticals; inactive ingredients, namely, anti-adherents, binders, coatings, disintegrants, fillers, sorbents, and emollients for use as an ingredient in the manufacture of pharmaceuticals
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry except fungicides, herbicides, insecticides and parasiticides; Chemicals used in industry, science, photography, agriculture, horticulture and forestry, except fungicides, herbicides, insecticides and parasiticides; raw materials, namely, surfactants, lubricants, solvents, and colorants for use in the manufacture of industrial products, consumer and household products; raw materials, namely, anionic, cationic, non-ionic or amphoteric surfactants, solvents, and colorants for use in the manufacture of industrial, consumer and household products; unprocessed artificial resins; unprocessed plastics; organic materials, namely, organic conducting, semiconducting, and insulating materials, organic light absorbing and emitting materials, organic fertilizers, and soil additives; organic materials, namely, fertilizers and soil additives; organic polymers, namely, organic unprocessed polymer resins, electrical conducting polymer compositions; organic conducting raw materials made of organic molecules or polymer chains that have high electrical conductivity, namely, conductive unprocessed synthetic resins for use in light emitting devices, electronic displays, electronic paper, radio frequency identification devices and electromagnetic radiation shielding in electronic products; organic semiconducting raw materials made of organic molecules or polymer chains that have intermediate conductivity, namely, semiconductive unprocessed synthetic resins for use in electronic displays, organic light emitting diodes, liquid crystal displays, radio frequency identification devices, memory devices, sensors, transistor and logic circuits; organic insulating raw materials made of organic molecules or polymer chains that have low conductivity, namely, insulating unprocessed synthetic resins for use in diodes, liquid crystal displays, radio frequency identification devices, memory devices, sensors transistors and logic circuits; organic light absorbing raw materials made of small organic molecules or polymer chains that absorb light, namely, unprocessed synthetic resins for use in electronic displays, electronic display boards and electronic paper; organic light emitting raw materials made of small organic molecules or polymer chains that emit light, namely, light emitting unprocessed synthetic resins for use in electronic displays, electronic display boards and electronic paper; organic polymers, namely, organic unprocessed polymer resins and electrical conducting polymers for electronic materials; active chemicals additives used in lubricants, gasoline, and fuel; fire extinguishing compositions; fire retardant chemicals; inactive ingredients, namely, anti-adherents, binders, coatings, disintegrants, fillers, sorbents, and emollients for use as an ingredient in the manufacture of pharmaceuticals; fire retardant compositions for commercial and domestic use; chemical substances for preserving foodstuffs; adhesives used in industry; active chemicals additives used in lubricants, gasoline and fuel; active chemicals for use in the manufacture of pharmaceuticals; inactive ingredients, namely, chemical preparations in the nature of anti-adherents, binders, coatings, disintegrants, fillers, sorbents, and emollients for use as an ingredient in the manufacture of pharmaceuticalsClass 001 for Chemicals used in industry, science, photography, agriculture, horticulture and forestry, except fungicides, herbicides, insecticides and parasiticides; raw materials, namely, anionic, cationic, non-ionic or amphoteric surfactants, solvents, and colorants for use in the manufacture of industrial, consumer and household products; unprocessed artificial resins; unprocessed plastics; organic materials, namely, fertilizers and soil additives; organic conducting raw materials made of organic molecules or polymer chains that have high electrical conductivity, namely, conductive unprocessed synthetic resins for use in light emitting devices, electronic displays, electronic paper, radio frequency identification devices and electromagnetic radiation shielding in electronic products; organic semiconducting raw materials made of organic molecules or polymer chains that have intermediate conductivity, namely, semiconductive unprocessed synthetic resins for use in electronic displays, organic light emitting diodes, liquid crystal displays, radio frequency identification devices, memory devices, sensors, transistor and logic circuits; organic insulating raw materials made of organic molecules or polymer chains that have low conductivity, namely, insulating unprocessed synthetic resins for use in diodes, liquid crystal displays, radio frequency identification devices, memory devices, sensors transistors and logic circuits; organic light absorbing raw materials made of small organic molecules or polymer chains that absorb light, namely, unprocessed synthetic resins for use in electronic displays, electronic display boards and electronic paper; organic light emitting raw materials made of small organic molecules or polymer chains that emit light, namely, light emitting unprocessed synthetic resins for use in electronic displays, electronic display boards and electronic paper; organic polymers, namely, organic unprocessed polymer resins and electrical conducting polymers for electronic materials; fire extinguishing compositions; fire retardant chemicals; fire retardant compositions for commercial and domestic use; chemical substances for preserving foodstuffs; adhesives used in industry; active chemicals additives used in lubricants, gasoline and fuel; active chemicals for use in the manufacture of pharmaceuticals; inactive ingredients, namely, chemical preparations in the nature of anti-adherents, binders, coatings, disintegrants, fillers, sorbents, and emollients for use as an ingredient in the manufacture of pharmaceuticals
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Scientific and technological services, namely, consulting and data processing; research and design relating to the foregoing services; industrial analysis and research services in the fields of chemical synthesis and materials processing and design; design and development of software; design and development of automation and robotics computer hardware; consulting services in the field of research and development of chemicals, agro- and biochemical goods, raw organic materials, biomaterials, electronic and optical materials, metals, meta and nano-materials, polymers, composites, pharmaceuticals, medicines and formulations of pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, pesticides; data automation and collection services using proprietary software to evaluate, analyze and collect data; research and development of new products, chemicals, materials for others; research and development of chemicals, agro- and biochemical goods, raw organic materials, pharmaceuticals, medicines and pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, pesticides formulations for others
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Scientific and technological services, namely, consulting and data processing; Scientific and technological services, namely, consulting in the field of product research and development industrial analysis and research services in the fields of chemical synthesis and materials processing and design; research and design relating to the foregoing services; design and development of software; industrial analysis and research services in the fields of chemical synthesis and materials processing and design; design and development of automation and robotics computer hardware; consulting services in the field of research and development of chemicals, agro- and biochemical goods, raw organic materials, biomaterials, electronic and optical materials, metals, meta and nano-materials, polymers, composites, pharmaceuticals, medicines and formulations of pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels and pesticides; data automation and collection services using proprietary software to evaluate, analyze and collect data; consulting services in the field of research and development of chemicals, agro- and biochemical goods, raw organic materials, biomaterials, electronic and optical materials, metals, meta and nano-materials, polymers, composites, pharmaceuticals, medicines and formulations of pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, pesticides; research and development of new products, chemicals, materials for others; research and development for others of chemicals, agro- and biochemical goods, raw organic materials, pharmaceuticals, medicines, pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, and pesticides formulations; research and development of chemicals, agro- and biochemical goods, raw organic materials, pharmaceuticals, medicines and pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, pesticides formulations for othersClass 042 for Scientific and technological services, namely, consulting in the field of product research and development industrial analysis and research services in the fields of chemical synthesis and materials processing and design; design and development of software; design and development of automation and robotics computer hardware; consulting services in the field of research and development of chemicals, agro- and biochemical goods, raw organic materials, biomaterials, electronic and optical materials, metals, meta and nano-materials, polymers, composites, pharmaceuticals, medicines and formulations of pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels and pesticides; data automation and collection services using proprietary software to evaluate, analyze and collect data; research and development of new products, chemicals, materials for others; research and development for others of chemicals, agro- and biochemical goods, raw organic materials, pharmaceuticals, medicines, pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, and pesticides formulations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Brendan M. Shortell/     Date: 09/19/2019
Signatory's Name: Brendan M. Shortell
Signatory's Position: attorney of record, member of MA bar

Signatory's Phone Number: 8606703146

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.

        
Serial Number: 88229725
Internet Transmission Date: Thu Sep 19 14:33:09 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201909191433099
56805-88229725-610ea35abcbdde24895ccf601
8fd9d2b796b9bbcb4ed4bbc3ab87ab3eed82c4de
c-N/A-N/A-20190919142705435961