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. 88340089 KAIROS(Standard Characters, see http://uspto.report/TM/88340089/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The applicant responds to the FINAL Office Action dated December 20, 2019. The trademark examining attorney made FINAL the refusal of registration under Section 2(d) because of a likelihood of confusion with the mark KAIROS in U.S. Registration No. 3782062. Applicant seeks registration of the mark KAIROS for ?fragrances and perfumery?, in Class 36. The cited mark KAIROS was registered on April 27, 2010. The Registrant was required to file a renewal under Section 8 and 9 between April 27, 2010 and April 27, 2020. To date, Registrant has not file the required renewal. As such, the ?062 registration should be considered to be cancelled. It is noted that a 6 month grace period extends until October 27, 2020. Therefore, Applicant requests that the present application be suspended until that time so as to determine if the ?062 registration is considered DEAD. If found to be dead, the reference will be removed from consideration and the present application should be allowed.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Sebastian David LLC, a corporation of Georgia, having an address of
      P.O. Box 93181
      Atlanta, Georgia 30318
      United States

Proposed: Sebastian David LLC, a corporation of Georgia, having an address of
      P.O. Box 93181
      Atlanta, Georgia 30318
      United States
      Email Address: XXXX

The owner's/holder's current attorney information:  Dorian B. Kennedy of BAKER DONELSON, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1600
      3414 PEACHTREE ROAD
      ATLANTA, Georgia 30326
      United States
The docket/reference number is 2929949-2.
      The phone number is 678-406-8705.
      The fax number is 678-406-8805.
      The email address is trademarks@bakerdonelson.com

The owner's/holder's proposed attorney information:  Dorian B. Kennedy of BAKER DONELSON, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1500
      3414 PEACHTREE ROAD
      ATLANTA, Georgia 30326
      United States
The docket/reference number is 2929949-2.
      The phone number is 678-406-8705.
      The fax number is 678-406-8805.
      The email address is trademarks@bakerdonelson.com

Dorian B. Kennedy 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):
      Dorian B. Kennedy
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bakerdonelson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dkennedy@bakerdonelson.com

The docket/reference number is 2929949-2.
Correspondence Information (proposed):
      Dorian B. Kennedy
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bakerdonelson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dkennedy@bakerdonelson.com

The docket/reference number is 2929949-2.

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: /Dorian B Kennedy/     Date: 06/05/2020
Signatory's Name: Dorian Kennedy
Signatory's Position: Attorney of Record, GA Bar Member

Signatory's Phone Number: 678-406-8702

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:    Dorian B. Kennedy
   BAKER DONELSON
   SUITE 1600
   3414 PEACHTREE ROAD
   ATLANTA, Georgia 30326
Mailing Address:    Dorian B. Kennedy
   BAKER DONELSON
   SUITE 1500
   3414 PEACHTREE ROAD
   ATLANTA, Georgia 30326
        
Serial Number: 88340089
Internet Transmission Date: Fri Jun 05 16:15:51 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.X.XXX-2020060516155130
5355-88340089-710e66018b67a7a61119cad7ca
5af90276c20317cfbcfa56181d5aa7a5b6d48679
-N/A-N/A-20200605143931800652