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. 88273691 ICSB (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8827369 1/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Applicant's written Response to Office Action
Original PDF file:
evi_415134162-20200305181 206654868_._Response_to_O ffice_Action.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for franchise services, namely, licensing of canine semen banks, assistance with the establishment of canine semen banks, and training of proprietary semen collection and insemination techniques

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 (Original Class: 035 ) for franchise services, namely, training of proprietary semen collection and insemination techniques
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 03/31/2003 and first used in commerce at least as early as 03/31/2003 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041 . The specimen(s) submitted consists of a copy of a franchise services agreement that displays the mark and discusses the training services provided by the Applicant .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-415134162-2020030518 1206654868_._Specimen_Cla ss_41.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: International Animal Semen Bank, Inc., a corporation of Oregon, having an address of
      11241 SE 362nd Avenue
      Boring, Oregon 97009
      United States

Proposed: International Animal Semen Bank, Inc., a corporation of Oregon, having an address of
      11241 SE 362nd Avenue
      Boring, Oregon 97009
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Frank X. Curci. Frank X. Curci of Buchalter, A Professional Corporation, is located at

      SUITE 900
      1331 NW LOVEJOY STREET
      PORTLAND, Oregon 97209
      United States
The docket/reference number is I7799-0002.
      The phone number is 503-226-1191.
      The fax number is 503-226-0079.
      The email address is trademark@aterwynne.com

The owner's/holder's proposed attorney information: Frank X. Curci. Other appointed attorneys are Ernest G. Bootsma and Akana K.J. Ma. Frank X. Curci of Buchalter, A Professional Corporation, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1331 NW Lovejoy Street, Suite 900
      Portland, Oregon 97209
      United States
The docket/reference number is I7799-0002.
      The phone number is 503-226-1191.
      The fax number is 503-226-0079.
      The email address is ipdocket@buchalter.com

Frank X. Curci 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.Correspondence Information (current):
      FRANK X. CURCI
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@buchalter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mstoecklin@buchalter.com; fcurci@buchalter.com

The docket/reference number is I7799-0002.
Correspondence Information (proposed):
      Frank X. Curci
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@buchalter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mstoecklin@buchalter.com; fcurci@buchalter.com

The docket/reference number is I7799-0002.

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)
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: /Frank X. Curci/      Date: 03/05/2020
Signatory's Name: Frank X. Curci
Signatory's Position: Attorney of Record, Oregon Bar member
Signatory's Phone Number: 5032261191


Request for Reconsideration Signature
Signature: /Frank X. Curci/     Date: 03/05/2020
Signatory's Name: Frank X. Curci
Signatory's Position: Attorney of Record, Oregon Bar Member

Signatory's Phone Number: 5032261191

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:    FRANK X. CURCI
   Buchalter, A Professional Corporation
   SUITE 900
   1331 NW LOVEJOY STREET
   PORTLAND, Oregon 97209
Mailing Address:    Frank X. Curci
   Buchalter, A Professional Corporation
   1331 NW Lovejoy Street, Suite 900
   Portland, Oregon 97209
        
Serial Number: 88273691
Internet Transmission Date: Thu Mar 05 18:29:58 ET 2020
TEAS Stamp: USPTO/RFR-X.XX.XXX.XXX-20200305182958200
928-88273691-7102770caaadc73d3b769f6b2b3
75b6d3e59811e7bc28f4ff319eb50de287b7451-
N/A-N/A-20200305181206654868