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 |
88313446 |
LAW OFFICE ASSIGNED |
LAW OFFICE 124 |
MARK SECTION |
MARK |
http://uspto.report/TM/88313446/mark.png |
LITERAL ELEMENT |
SLOPPY JOSÉ |
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 |
030 |
DESCRIPTION |
Specialty sauce being Latin-flavored sauce |
FIRST USE ANYWHERE DATE |
At least as early as 06/00/2019 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/00/2019 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
030 |
TRACKED TEXT DESCRIPTION |
Specialty sauce being Latin-flavored sauce; Specialty sauce being
Latin-flavored cooking sauce |
FINAL DESCRIPTION |
Specialty sauce being Latin-flavored cooking sauce |
FIRST USE ANYWHERE DATE |
At least as early as 06/00/2019 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/00/2019 |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
SUPPLEMENTAL REGISTER |
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to
'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in
commerce. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ErikMPelton/ |
SIGNATORY'S NAME |
Erik M. Pelton |
SIGNATORY'S POSITION |
Attorney of Record; NJ, DC Bar Member |
SIGNATORY'S PHONE NUMBER |
7035258009 |
DATE SIGNED |
09/21/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sat Sep 21 16:55:32 EDT 2019 |
TEAS STAMP |
USPTO/RFR-XXX.XX.XX.XXX-2
0190921165532695026-88313
446-61037807d746d3c93f929
3c6b0a244dd5bd99558271b1d
5e965a5eac246b90187c-N/A-
N/A-20190921165205229677 |
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.
88313446 SLOPPY JOSÉ(Standard Characters, see http://uspto.report/TM/88313446/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 030 for Specialty sauce being Latin-flavored sauce
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.
In International Class 030, the mark was first used at least as early as 06/00/2019 and first used in commerce at least as early as 06/00/2019 .
Proposed:
Tracked Text Description: Specialty sauce being Latin-flavored sauce;
Specialty sauce being Latin-flavored cooking
sauceClass 030 for Specialty sauce being Latin-flavored cooking sauce
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.
In International Class 030, the mark was first used at least as early as 06/00/2019 . and first used in commerce at least as early as 06/00/2019 .
ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an
Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /ErikMPelton/ Date: 09/21/2019
Signatory's Name: Erik M. Pelton
Signatory's Position: Attorney of Record; NJ, DC Bar Member
Signatory's Phone Number: 7035258009
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.
Serial Number: 88313446
Internet Transmission Date: Sat Sep 21 16:55:32 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XX.XX.XXX-2019092116553269
5026-88313446-61037807d746d3c93f9293c6b0
a244dd5bd99558271b1d5e965a5eac246b90187c
-N/A-N/A-20190921165205229677