Post Publication Amendment

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 1771 (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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88250468 RYSE (Stylized and/or with Design, see ) has been amended as follows:

EXPLANATION OF FILING
AMENDMENT OF FILING BASIS
At this time, applicant does NOT intend to rely on Section 1(a), use of the mark in commerce as the basis for registration, but is amending the basis to delete Section 1(b) and is asserting a valid claim of foreign registration under Section 44(e).  Foreign registrations are being submitted with this Amendment.  Applicant’s attorney requests that the application proceed to registration based solely on the foreign registrations.


CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Trade information provision services; retail store and wholesale store services in relation to books, periodicals and printed publications; retail store and wholesale store services in relation to CDs and DVDs featuring music and music performances; retail store and wholesale store services in relation to natural flowers and artificial flowers; retail store and wholesale store services in relation to clothing; retail store and wholesale store services in relation to footwear; retail store and wholesale store services in relation to watches; retail store and wholesale store services in relation to cosmetics, skin care preparations, hair care preparations, featuring perfumery and cosmetic facial masks; retail store and wholesale store services in relation to sportswear; retail store and wholesale store services in relation to sporting equipment; retail store and wholesale store services in relation to optical goods and cameras; retail store and wholesale store services in relation to televisions, CD players and DVD players; retail store and wholesale store services in relation to apparatus for recording, transmission and reproduction of sound and images; retail store and wholesale store services in relation to electric coffee machine, electric hair dryers, electrical tooth brushes and air purifiers; retail store and wholesale store services in relation to electric adapters and electric connections; retail store and wholesale store services in relation to precious metals and jewelry; retail store services in relation to commemorative stamps; promoting the goods and services of others by means of operating an on-line shopping mall on internet with links to the retail websites of others; wholesale distributorships in the nature of intermediary services relating to mail order selling of clothing and fashion accessories by electric communication; business management of hotels; retail store and wholesale store services in relation to fashion accessories; retail store and wholesale store services in relation to tote bags; retail store and wholesale store services in relation to beddings, pillow covers and curtains; retail store and wholesale store services in relation to household and kitchen utensils, and household and kitchen containers
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: Class 035 for Trade information provision services; retail store and wholesale store services in relation to books, periodicals and printed publications; retail store and wholesale store services in relation to CDs and DVDs featuring music and music performances; retail store and wholesale store services in relation to natural flowers and artificial flowers; retail store and wholesale store services in relation to clothing; retail store and wholesale store services in relation to footwear; retail store and wholesale store services in relation to watches; retail store and wholesale store services in relation to cosmetics, skin care preparations, hair care preparations, featuring perfumery and cosmetic facial masks; retail store and wholesale store services in relation to sportswear; retail store and wholesale store services in relation to sporting equipment; retail store and wholesale store services in relation to optical goods and cameras; retail store and wholesale store services in relation to televisions, CD players and DVD players; retail store and wholesale store services in relation to apparatus for recording, transmission and reproduction of sound and images; retail store and wholesale store services in relation to electric coffee machine, electric hair dryers, electrical tooth brushes and air purifiers; retail store and wholesale store services in relation to electric adapters and electric connections; retail store and wholesale store services in relation to precious metals and jewelry; retail store services in relation to commemorative stamps; promoting the goods and services of others by means of operating an on-line shopping mall on internet with links to the retail websites of others; wholesale distributorships in the nature of intermediary services relating to mail order selling of clothing and fashion accessories by electric communication; business management of hotels; retail store and wholesale store services in relation to fashion accessories; retail store and wholesale store services in relation to tote bags; retail store and wholesale store services in relation to beddings, pillow covers and curtains; retail store and wholesale store services in relation to household and kitchen utensils, and household and kitchen containers
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Korea, South registration number 1306879 registered 11/24/2017 with a renewal date of __________ and an expiration date of 11/24/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-502391710-120730249_._Certificates_of_Registration_40-1306879.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Hotels; providing information about hotels to tourists and business travelers; hostels; resort lodging services; youth hostel services; resort hotel services; hotel services; bar services; making hotel reservations for others; providing hotel accommodations; tourist home services; pubs; providing conference facilities; providing conference rooms; rental of meeting rooms for holding social functions, conferences, conventions, exhibitions and seminars; providing temporary accommodation at pensions; providing guesthouse services
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: Class 043 for Hotels; providing information about hotels to tourists and business travelers; hostels; resort lodging services; youth hostel services; resort hotel services; hotel services; bar services; making hotel reservations for others; providing hotel accommodations; tourist home services; pubs; providing conference facilities; providing conference rooms; rental of meeting rooms for holding social functions, conferences, conventions, exhibitions and seminars; providing temporary accommodation at pensions; providing guesthouse services
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Korea, South registration number 1350380 registered 04/12/2018 with a renewal date of __________ and an expiration date of 04/12/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-502391710-120730249_._Certificates_of_Registration_40-1350380.pdf
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The applicant's current attorney information: Jerald E. Nagae, Reg. No. 29,418. Jerald E. Nagae, Reg. No. 29,418 of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      US
The docket/reference number is KSIN-2-58857.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

The applicants proposed attorney information: Jerald E. Nagae, Reg. No. 29,418. Other appointed attorneys are George E. Renzoni, Ph.D., Reg. No. 37,919; John D. Denkenberger, Reg. No. 44,060; Everett E. Fruehling; Brandon C. Stallman, Reg. No. 46,468; Laura A. Cruz, Reg. No. 46,649; Ryan E. Dodge, Jr., Reg. No. 42,492; Brian W. Poor, Reg. No. 32,928; Matthew D. Balint, Reg. No. 61,038; Llewellyn Rhys Lawson, Reg. No. 57,869; David P. Sheldon, Reg. No. 62,494; Brian F. McMahon; Melissa A. Nowak, Reg. No. 68,088; B. Casey Fitzpatrick, Reg. No. 66,847, Jadran Adrian Mihailovic, Reg. No. 57,874; James Y. Go, Reg. No. 40,621; and Cory G. Claassen, Reg. No. 50,296; Thomas S. (Stasiu) Nowak, Reg. No. 67,998; Jennifer R. Ashton. Jerald E. Nagae, Reg. No. 29,418 of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      United States
The docket/reference number is KSIN-2-58857.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

Jerald E. Nagae, Reg. No. 29,418 submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JERALD E. NAGAE, REG. NO. 29,418. JERALD E. NAGAE, REG. NO. 29,418 of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      US
The docket/reference number is KSIN-2-58857.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

The applicants proposed correspondence information: Jerald E. Nagae, Reg. No. 29,418. Jerald E. Nagae, Reg. No. 29,418 of CHRISTENSEN O'CONNOR JOHNSON KINDNESS, is located at

      1201 THIRD AVENUE, SUITE 3600
      SEATTLE, Washington 98101
      United States
The docket/reference number is KSIN-2-58857.

The phone number is 206-682-8100.

The fax number is 206-224-0779.

The email address is efiling@cojk.com

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: /Jerald E. Nagae, Reg. No. 29,418/      Date: 11/08/2019
Signatory's Name: Jerald E. Nagae, Reg No. 29,418
Signatory's Position: Attorney of record, Washington bar member
Signatory's Phone Number: 206-682-8100



Signature: /Jerald E. Nagae, Reg No. 29,418/     Date: 11/08/2019
Signatory's Name: Jerald E. Nagae, Reg No. 29,418
Signatory's Position: Attorney of Record

Signatory's Phone Number: 206-682-8100

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.

Mailing Address:    JERALD E. NAGAE, REG. NO. 29,418
   CHRISTENSEN O'CONNOR JOHNSON KINDNESS
   
   1201 THIRD AVENUE, SUITE 3600
   SEATTLE, Washington 98101
Mailing Address:    Jerald E. Nagae, Reg. No. 29,418
   CHRISTENSEN O'CONNOR JOHNSON KINDNESS
   1201 THIRD AVENUE, SUITE 3600
   SEATTLE, Washington 98101
        
Serial Number: 88250468
Internet Transmission Date: Fri Nov 08 15:47:39 EST 2019
TEAS Stamp: USPTO/PPA-XX.XXX.XX.XX-20191108154739827
449-88250468-70094e43c4ef103d5eff2928a5c
68e6ce3c3c6c17d4f9ad095824ed78d24d45f2-N
/A-N/A-20191108120730249797