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. 88273712 STAY IN THE GAME(Standard Characters, see http://uspto.report/TM/88273712/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Business process outsourcing services, namely, vendor management services for telecommunication companies and shipping companies, accounts receivable billing services, telephone answering services, account management, namely, business management of individual clients' accounts, customer service support, namely, customer service management for others, student internship placement coordinator services, namely, internship placement services, student support services provided on behalf of academic institutions, namely, student counseling regarding class attendance and program requirements, business data analysis and business project management services
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/00/2018 and first used in commerce at least as early as 04/00/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Business process outsourcing services, namely, vendor management services for telecommunication companies and shipping companies, accounts receivable billing services, telephone answering services, account management, namely, business management of individual clients' accounts, customer service support, namely, customer service management for others, student internship placement coordinator services, namely, internship placement services, student support services provided on behalf of academic institutions, namely, student counseling regarding class attendance and program requirements, business data analysis and business project management services; Business process outsourcing services, namely, vendor management services for telecommunication companies and shipping companies, accounts receivable billing services, telephone answering services, account management, namely, business management of individual clients' accounts, customer service support, namely, customer service management for others, student internship placement coordinator services, namely, internship placement services, business data analysis and business project management servicesClass 035 for Business process outsourcing services, namely, vendor management services for telecommunication companies and shipping companies, accounts receivable billing services, telephone answering services, account management, namely, business management of individual clients' accounts, customer service support, namely, customer service management for others, student internship placement coordinator services, namely, internship placement services, business data analysis and business project management services
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/00/2018 and first used in commerce at least as early as 04/00/2018 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Educational services, namely, student support services provided on behalf of academic institutions in the nature of counseling students regarding class attendance and academic program requirements.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/00/2018 and first used in commerce at least as early as 04/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041 . The specimen(s) submitted consists of Web page and flyer .
"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:
SPN0-2605e00015244ae2c834 254ae02d90d1-202004272023 40902564_._Specimen-041_M Andrews.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4
Original PDF file:
SPN0-2605e00015244ae2c834 254ae02d90d1-202004282021 32108704_._Specimen-Flyer -041_MAndrews.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Correspondence Information (current):
      Marin Cionca
      PRIMARY EMAIL FOR CORRESPONDENCE: marin@cioncaip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): beverly@cioncaip.com

The docket/reference number is TM-MAndrews.
Correspondence Information (proposed):
      Marin Cionca
      PRIMARY EMAIL FOR CORRESPONDENCE: marin@cioncaip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): beverly@cioncaip.com

The docket/reference number is TM-MAndrews.

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).

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: /MCionca/      Date: 04/28/2020
Signatory's Name: Marin Cionca
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 949-334-3036


Request for Reconsideration Signature
Signature: /MCionca/     Date: 04/28/2020
Signatory's Name: Marin Cionca
Signatory's Position: Attorney of Record, California Bar member

Signatory's Phone Number: 949-334-3036

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:    Marin Cionca
   CIONCA IP LAW P.C.
   1300
   2030 MAIN ST.
   IRVINE, California 92614
Mailing Address:    Marin Cionca
   CIONCA IP LAW P.C.
   1300
   2030 MAIN ST.
   IRVINE, California 92614
        
RAM Sale Number: 88273712
RAM Accounting Date: 04/28/2020
        
Serial Number: 88273712
Internet Transmission Date: Tue Apr 28 20:56:45 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200428205645090524-88273712-
71090c22382bb1da932a114624a60bd3b74ac107
f67c6d5b11beff1bbc3569f9012-CC-56431367-
20200428202132108704