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. 88268778 EARTHWELL(Standard Characters, see http://uspto.report/TM/88268778/mark.png) has been amended as follows:

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

Registration was refused under Section 2(d) because of likelihood of confusion with the mark in U.S. Registration No. 3927896 in class 032.

Applicant filed a Petition for Cancellation of Registration No. 3927896.

The Cancellation No. is 92072646.

On February 3, 2020, the TTAB entered a judgment by default and granted the petition to cancel, stating that "Registration No. 3927896 will be cancelled in due course". A copy of the TTAB's decision is attached herewith.

Accordingly, Applicant respectfully requests that Applicant's mark be allowed, or in the alternative, that this application be suspended until Registration No. 3927896 has been formally cancelled.

EVIDENCE
Evidence has been attached: Decision of TTAB granting petition to cancel Reg. No. 3,927,896
Original PDF file:
evi_248101219-20200403202 742710474_._20-02-03___tt abvue-92072646-CAN-5.pdf
Converted PDF file(s) ( 1 page) Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: e.d.d.i. Creative LLC, a limited liability company legally organized under the laws of New York, having an address of
      1019 Fort Salonga Road, Suite 249
      Northport, New York 11768
      United States
      Email Address: XXXX
      303-444-0780
Proposed: e.d.d.i. Creative LLC, a limited liability company legally organized under the laws of New York, having an address of
      1019 Fort Salonga Road, Suite 249
      Northport, New York 11768
      United States
      Email Address: XXXX
      303-440-7800
Correspondence Information (current):
      Thomas Swenson
      PRIMARY EMAIL FOR CORRESPONDENCE: tswenson10@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): swe1951@yahoo.com; tswenson@swenlaw.com; swe2000@hushmail.com

The docket/reference number is 114.117 TMUS.
Correspondence Information (proposed):
      Thomas Swenson
      PRIMARY EMAIL FOR CORRESPONDENCE: tswenson10@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): swe1951@yahoo.com; tswenson@swenlaw.com; swe2000@hushmail.com

The docket/reference number is 114.117 TMUS.

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 Swenson/     Date: 04/03/2020
Signatory's Name: Thomas Swenson
Signatory's Position: Attorney of record, Colorado Bar member

Signatory's Phone Number: 303-440-7800

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 Swenson
   
   
   1118 13TH ST, A-5
   BOULDER, Colorado 80302-7016
Mailing Address:    Thomas Swenson
   1118 13TH ST, A-5
   BOULDER, Colorado 80302-7016
        
Serial Number: 88268778
Internet Transmission Date: Fri Apr 03 20:44:35 ET 2020
TEAS Stamp: USPTO/RFR-XX.X.XXX.XXX-20200403204435172
246-88268778-7101b4e64a6436eb10e81a12603
0bba4aaea6adc2d8f70929694858b6c17-N/A-N/
A-20200403202742710474