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)

---

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. 88275381 NATIONAL GYPSUM (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8827538 1/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Consulting in the field of building materials, namely, consultation in the field of selecting building construction materials suitable for their intended uses; physical testing, namely, testing of building materials for others
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 00/00/1993 and first used in commerce at least as early as 00/00/1993 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Consulting in the field of building materials, namely, consultation in the field of selecting building construction materials suitable for their intended uses; Consulting in the field of building materials, namely, technical consultation in the field of selecting building construction materials suitable for their intended uses; physical testing, namely, testing of building materials for othersClass 042 for Consulting in the field of building materials, namely, technical consultation in the field of selecting building construction materials suitable for their intended uses; physical testing, namely, testing of building materials for others
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 00/00/1993 and first used in commerce at least as early as 00/00/1993 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: National Gypsum Properties, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2001 Rexford Road
      Charlotte, North Carolina 28211
      United States

Proposed: National Gypsum Properties, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2001 Rexford Road
      Charlotte, North Carolina 28211
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "GYPSUM" in classes 1, 2, 17 apart from the mark as shown.


The owner's/holder's current attorney information: Shyla N. Jones. Shyla N. Jones of ICE MILLER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 3500
      200 W. MADISON STREET
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 06579.2880.
      The phone number is 312-726-8131.
      The fax number is 3127268174.
      The email address is chiipdocket@icemiller.com

The owner's/holder's proposed attorney information: Shyla N. Jones. Other appointed attorneys are Alice A. Kelly. Shyla N. Jones of ICE MILLER LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 3500
      200 W. MADISON STREET
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 006579.02880.
      The phone number is 312-726-8131.
      The fax number is 3127268174.
      The email address is chiipdocket@icemiller.com

Shyla N. Jones 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):
      Shyla N. Jones
      PRIMARY EMAIL FOR CORRESPONDENCE: chiipdocket@icemiller.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): shyla.jones@icemiller.com; daisy.muschamp@icemiller.com

The docket/reference number is 06579.2880.
Correspondence Information (proposed):
      Shyla N. Jones
      PRIMARY EMAIL FOR CORRESPONDENCE: chiipdocket@icemiller.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): shyla.jones@icemiller.com; daisy.muschamp@icemiller.com

The docket/reference number is 006579.02880.

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: /Shyla N. Jones/     Date: 03/12/2020
Signatory's Name: Shyla N. Jones
Signatory's Position: Attorney of Record, Illinois bar member

Signatory's Phone Number: 312 726-8131

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:    Shyla N. Jones
   ICE MILLER LLP
   SUITE 3500
   200 W. MADISON STREET
   CHICAGO, Illinois 60606
Mailing Address:    Shyla N. Jones
   ICE MILLER LLP
   SUITE 3500
   200 W. MADISON STREET
   CHICAGO, Illinois 60606
        
Serial Number: 88275381
Internet Transmission Date: Thu Mar 12 17:34:39 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-202003121734393
42160-88275381-7108f1a33324b5c6e3516bf43
b9b9bbd0e604ed567cb2f66dd4bb0cfcb7cf327-
N/A-N/A-20200312172839174534