To: | COMMONS SENSE COUNSEL IP HOLDINGS (robert@commonsensecounsel.com) |
Subject: | U.S. Trademark Application Serial No. 88291974 - IN ASSOCIATION WITH THE BOY - N/A - Request for Reconsideration Denied - No Appeal Filed |
Sent: | July 31, 2020 02:51:49 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88291974
Mark: IN ASSOCIATION WITH THE BOY
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Correspondence Address: |
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Applicant: COMMONS SENSE COUNSEL IP HOLDINGS
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Reference/Docket No. N/A
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: July 31, 2020
In this case, applicant has not provided any arguments against the outstanding Section 2(d) refusal-in-part as to Class 43. Rather, applicant’s request for consideration relies on the incorrect presumption that the cited registration is overdue to be renewed. Contrary to applicant’s assertion, the cited registration was renewed for a 10 year period on 3/18/2015. Therefore, the cited registration is not overdue to be renewed. Consequently, applicant’s request for reconsideration does not resolve the outstanding issue nor does it raise a new issue or provide any new or compelling arguments against the refusal, and the request for reconsideration is denied.
Accordingly, the following refusal made final in the Office action dated 6/8/2020 is maintained and continued: Section 2(d) Refusal-in-Part as to Class 43 with respect to U.S. Registration No. 2929162. See TMEP §§715.03(a)(ii)(B), 715.04(a).
In addition, the following requirement and refusal made final in that Office action are obviated and satisfied:
• Additional Fee Requirement; and
• Section 2(c) Refusal.
See TMEP §§715.03(a)(ii)(B), 715.04(a).
If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §715.03(c).
/Tiffany Chiang/
Examining Attorney
Law Office 113
(571) 272-7681
tiffany.chiang@uspto.gov