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 |
88264749 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK |
http://uspto.report/TM/88264749/mark.png |
LITERAL ELEMENT |
EARTHCOATING |
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 (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Containers and goods made of paperboard and plastic for use in the food and beverage service and packaging industries, namely, cups,
bowls, plates, serving platters, folding cartons, wraps, labels, sacks, lids, bags, and pouches |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Containers and goods made of paperboard and plastic for use in the food and beverage service and
packaging industries, namely, cups, bowls, plates, serving platters, folding cartons, wraps, labels, sacks, lids, bags, and pouches; Containers made of paperboard
and plastic for use in the food and beverage service industry, namely, cups, bowls, plates, serving platters, and lids for the aforementioned. |
FINAL DESCRIPTION |
Containers made of paperboard and plastic for use in the food and beverage service industry, namely, cups, bowls, plates, serving
platters, and lids for the aforementioned. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(class added) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Containers made of paperboard for use in the food and beverage service and packaging industries, namely, packaging containers comprised
of paperboard for food and beverages, folding paper take-out cartons for food, paper sacks, bags, and pouches for packaging. |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/meitsang/ |
SIGNATORY'S NAME |
Mei Tsang |
SIGNATORY'S POSITION |
Attorney of Record, CA Bar Member No. 237959 |
SIGNATORY'S PHONE NUMBER |
949-679-0052 |
DATE SIGNED |
01/08/2020 |
RESPONSE SIGNATURE |
/meitsang/ |
SIGNATORY'S NAME |
Mei Tsang |
SIGNATORY'S POSITION |
Attorney |
SIGNATORY'S PHONE NUMBER |
9496790052 |
DATE SIGNED |
01/08/2020 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jan 08 18:04:06 EST 2020 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XXX.X-20
200108180406196498-882647
49-700f9a79b5ad2eaab2a898
24caa777e1c15779349c6da6b
5b2fa979b96e87cdd2c-CC-04
041422-202001081147466839
44 |
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.
88264749 EARTHCOATING(Standard Characters, see http://uspto.report/TM/88264749/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 021 for Containers and goods made of paperboard and plastic for use in the food and beverage service and packaging industries, namely, cups, bowls, plates, serving platters,
folding cartons, wraps, labels, sacks, lids, bags, and pouches
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: Containers and goods made of paperboard and plastic for use in the food and beverage service and packaging industries, namely, cups,
bowls, plates, serving platters, folding cartons, wraps, labels, sacks, lids, bags, and pouches;
Containers made of paperboard and plastic for use in the food and
beverage service industry, namely, cups, bowls, plates, serving platters, and lids for the aforementioned.Class 021 for Containers made of paperboard and plastic for use in the food and
beverage service industry, namely, cups, bowls, plates, serving platters, and lids for the aforementioned.
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 hereby adds the following class of goods/services to the application:
New: Class 016 for Containers made of paperboard for use in the food and beverage service and packaging industries, namely, packaging containers comprised of paperboard for food and beverages,
folding paper take-out cartons for food, paper sacks, bags, and pouches for packaging.
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.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /meitsang/ Date: 01/08/2020
Signatory's Name: Mei Tsang
Signatory's Position: Attorney of Record, CA Bar Member No. 237959
Signatory's Phone Number: 949-679-0052
Request for Reconsideration Signature
Signature: /meitsang/ Date: 01/08/2020
Signatory's Name: Mei Tsang
Signatory's Position: Attorney
Signatory's Phone Number: 9496790052
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.
RAM Sale Number: 88264749
RAM Accounting Date: 01/08/2020
Serial Number: 88264749
Internet Transmission Date: Wed Jan 08 18:04:06 EST 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.X-20200108180406196
498-88264749-700f9a79b5ad2eaab2a89824caa
777e1c15779349c6da6b5b2fa979b96e87cdd2c-
CC-04041422-20200108114746683944