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.
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.
88344464 PENN STATION(Standard Characters, see http://uspto.report/TM/88344464/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Original PDF file:
evi_1744721010-2020050115 4553319752_._PENN_STATION
_ROA_88344464.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_1744721010-2020050115
4553319752_._PENN_STATION _ROA_1971_Timetable_Ex_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_1744721010-2020050115
4553319752_._PENN_STATION _ROA_2000_Timetable_Ex_B.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_1744721010-2020050115
4553319752_._PENN_STATION _ROA_2005_Timetable_Ex_C.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_1744721010-2020050115
4553319752_._PENN_STATION _ROA_2010_Timetable_Ex_D.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_1744721010-2020050115
4553319752_._PENN_STATION _ROA_2015_Timetable_Ex_E.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_1744721010-2020050115
4553319752_._PENN_STATION _ROA_Great_American_Rail_ Ex_F.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use STATION apart from the mark as shown.
SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
Original PDF file:
e2f-1744721010-174912168_ ._PENN_STATION_ROA_1971_T
imetable_Ex_A.pdf
Converted PDF file(s) ( 2 pages)
2(f) evidence-12(f) evidence-2
Original PDF file:
e2f-1744721010-174912168_ ._PENN_STATION_ROA_2000_T
imetable_Ex_B.pdf
Converted PDF file(s) ( 2 pages)
2(f) evidence-12(f) evidence-2
Original PDF file:
e2f-1744721010-174912168_ ._PENN_STATION_ROA_2005_T
imetable_Ex_C.pdf
Converted PDF file(s) ( 2 pages)
2(f) evidence-12(f) evidence-2
Original PDF file:
e2f-1744721010-174912168_ ._PENN_STATION_ROA_2010_T
imetable_Ex_D.pdf
Converted PDF file(s) ( 2 pages)
2(f) evidence-12(f) evidence-2
Original PDF file:
e2f-1744721010-174912168_ ._PENN_STATION_ROA_2015_T
imetable_Ex_E.pdf
Converted PDF file(s) ( 2 pages)
2(f) evidence-12(f) evidence-2
Original PDF file:
e2f-1744721010-174912168_
._PENN_STATION_ROA_Great_ American_Rail_Ex_F.pdf
Converted PDF file(s) ( 7 pages)
2(f) evidence-12(f) evidence-22(f) evidence-32(f) evidence-42(f)
evidence-52(f) evidence-62(f) evidence-7
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at
least the five years immediately before the date of this statement.
Correspondence Information (current):
Katherine M. Basile and Jason E. Garcia
PRIMARY EMAIL FOR CORRESPONDENCE: svtmdocket@reedsmith.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): KBasile@reedsmith.com; JGarcia@ReedSmith.com; kgeldmacher@reedsmith.com; rrenojo@ReedSmith.com
Correspondence Information (proposed):
Katherine M. Basile and Jason E. Garcia
PRIMARY EMAIL FOR CORRESPONDENCE: svtmdocket@reedsmith.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): KBasile@reedsmith.com; JGarcia@ReedSmith.com; kgeldmacher@reedsmith.com; rrenojo@ReedSmith.com
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)
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: /Jason E Garcia/ Date: 05/01/2020
Signatory's Name: Jason E. Garcia
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 6503520514
Request for Reconsideration Signature
Signature: /Jason E Garcia/ Date: 05/01/2020
Signatory's Name: Jason E Garcia
Signatory's Position: Attorney of record, CA Bar member
Signatory's Phone Number: 650-352-0514
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: Katherine M. Basile and Jason E. Garcia
REED SMITH LLP
P.O. BOX 488
PITTSBURGH, Pennsylvania 15230
Mailing Address: Katherine M. Basile and Jason E. Garcia
REED SMITH LLP
P.O. BOX 488
PITTSBURGH, Pennsylvania 15230
Serial Number: 88344464
Internet Transmission Date: Fri May 01 19:06:22 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XX-2020050119062259
6236-88344464-71078664eb9f482bddafad2b73
b54e7d8aa3bc8fc8a8e45d65d74ebc8bcf5888fa
-N/A-N/A-20200501174912168044
