TEAS Request Reconsideration after FOA

PITCHNUT

Larcheveque, Lee C.

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)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88286999
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK http://uspto.report/TM/88286999/mark.png
LITERAL ELEMENT PITCHNUT
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 (current)
INTERNATIONAL CLASS 028
DESCRIPTION Tabletop games
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/01/2006
        FIRST USE IN COMMERCE DATE At least as early as 12/01/2007
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 028
DESCRIPTION Tabletop games
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/01/2006
       FIRST USE IN COMMERCE DATE At least as early as 12/01/2007
       STATEMENT TYPE "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].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\882\869\88286999\xml7\ RFR0002.JPG
       SPECIMEN DESCRIPTION Website, pitchnut.com, on which the product is currently sold (for which the trademark is being sought).
SIGNATURE SECTION
DECLARATION SIGNATURE //Lee Larcheveque//
SIGNATORY'S NAME Lee Larcheveque
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 4135193027
DATE SIGNED 11/21/2019
RESPONSE SIGNATURE //Lee Larcheveque//
SIGNATORY'S NAME Lee Larcheveque
SIGNATORY'S POSITION Owner
SIGNATORY'S PHONE NUMBER 4135193027
DATE SIGNED 11/21/2019
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Thu Nov 21 18:58:15 EST 2019
TEAS STAMP USPTO/RFR-XX.XX.XX.XX-201
91121185815105052-8828699
9-700ffb7263f50ee18303234
1d213c949f7de3cbd32014b2a
b59653476df634f8a2e-N/A-N
/A-20191121184423278877



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. 88286999 PITCHNUT(Standard Characters, see http://uspto.report/TM/88286999/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 028 for Tabletop games
Original Filing Basis:
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 09/01/2006 and first used in commerce at least as early as 12/01/2007 , and is now in use in such commerce.

Proposed: Class 028 for Tabletop games
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 09/01/2006 and first used in commerce at least as early as 12/01/2007 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of Website, pitchnut.com, on which the product is currently sold (for which the trademark is being sought). .
"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]. Specimen File1

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: //Lee Larcheveque//      Date: 11/21/2019
Signatory's Name: Lee Larcheveque
Signatory's Position: Owner
Signatory's Phone Number: 4135193027


Request for Reconsideration Signature
Signature: //Lee Larcheveque//     Date: 11/21/2019
Signatory's Name: Lee Larcheveque
Signatory's Position: Owner

Signatory's Phone Number: 4135193027

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 88286999
Internet Transmission Date: Thu Nov 21 18:58:15 EST 2019
TEAS Stamp: USPTO/RFR-XX.XX.XX.XX-201911211858151050
52-88286999-700ffb7263f50ee183032341d213
c949f7de3cbd32014b2ab59653476df634f8a2e-
N/A-N/A-20191121184423278877


TEAS Request Reconsideration after FOA [image/jpeg]


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