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. 88326041 HUNTSMAN(Standard Characters, see http://uspto.report/TM/88326041/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propellers for drones; propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors; unmanned aerial vehicles and aircraft; propeller and propulsion apparatus for drones and unmanned aerial vehicles and aircraft
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number 1953967 registered 02/19/2020 with a renewal date of __________ and an expiration date of 09/07/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.


Proposed:

Tracked Text Description: Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propellers for drones; propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors; unmanned aerial vehicles and aircraft; propeller and propulsion apparatus for drones and unmanned aerial vehicles and aircraftClass 012 for Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propellers for drones; propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1953967 registered 02/19/2020 with a renewal date of __________ and an expiration date of 09/07/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The owner's/holder's current attorney information: Joseph M. Lafata. Joseph M. Lafata of HARNESS, DICKEY & PIERCE, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5445 CORPORATE DRIVE, SUITE 200
      TROY, Michigan 48098
      United States
The docket/reference number is 3191A-200035.
      The phone number is 248-641-1600.
      The fax number is 2486410270.
      The email address is troymailroom@hdp.com

The owner's/holder's proposed attorney information: Joseph M. Lafata. Joseph M. Lafata of HARNESS, DICKEY & PIERCE, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      5445 CORPORATE DRIVE, SUITE 200
      TROY, Michigan 48098
      United States
The docket/reference number is 3191A-200035.
      The phone number is 248-641-1600.
      The fax number is 2486410270.
      The email address is troymailroom@hdp.com

Joseph M. Lafata 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):
      Joseph M. Lafata
      PRIMARY EMAIL FOR CORRESPONDENCE: troymailroom@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jcatanese@hdp.com

The docket/reference number is 3191A-200035.
Correspondence Information (proposed):
      Joseph M. Lafata
      PRIMARY EMAIL FOR CORRESPONDENCE: troymailroom@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jcatanese@hdp.com

The docket/reference number is 3191A-200035.

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: /Joseph M. Lafata/     Date: 05/12/2020
Signatory's Name: Joseph M. Lafata
Signatory's Position: Michigan Bar Member, Attorney for Applicant, Attorney with Harness, Dickey & Pierce, P.L.C.

Signatory's Phone Number: 248-641-1600

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:    Joseph M. Lafata
   HARNESS, DICKEY & PIERCE, P.L.C.
   
   5445 CORPORATE DRIVE, SUITE 200
   TROY, Michigan 48098
Mailing Address:    Joseph M. Lafata
   HARNESS, DICKEY & PIERCE, P.L.C.
   5445 CORPORATE DRIVE, SUITE 200
   TROY, Michigan 48098
        
Serial Number: 88326041
Internet Transmission Date: Tue May 12 13:52:26 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202005121352266
26479-88326041-710fc7cacff8e27c72f811ac7
c6b9bfe8c8d095f5265b292fb541b64cfe81cbc7
f-N/A-N/A-20200508113954778490