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. 88346119 SUNFLOWER (Stylized and/or with Design, see http://uspto.report/TM/88346119/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
Evidence in the nature of response to the cited 2(d) confusion refusal has been attached.
Original PDF file:
evi_20681216106-20191205152812581963_._88346119_Evidence_File.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 024 for Bed Pillows, beds, mattresses, pillows and bolsters, decorative 3 D pillows and cushions head supporting pillows. Down feathers, down feathers for stuffing material, down feather for use as stuffing, feathers and downs, feathers for bedding. Bed Covers, bed linen and table linen, bed throws, pillow cases, pillow covers, pillow shams, pillow-top, low profiled bed shirts, textile goods, namely, a synthetic sheet with fragrance for the purpose of inserting into pillow slip and under fitted sheet to emit fragrance

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Bed Pillows , Beds, Mattresses , Pillows and Bolsters, Decorative 3 D Pillows and Cushions, head supporting pillows
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2010 and first used in commerce at least as early as 06/01/2010 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Bed Pillows , Beds, Mattresses , Pillows and Bolsters, Decorative 3 D Pillows and Cushions, head supporting pillows; Bed Pillows; Beds, Mattresses; Pillows and Bolsters; head supporting pillowsClass 020 for Bed Pillows; Beds, Mattresses; Pillows and Bolsters; head supporting pillows
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2010 and first used in commerce at least as early as 06/01/2010 , and is now in use in such commerce.
The applicant hereby appoints Christopher J. Day. Other appointed attorneys are Janna Day. Christopher J. Day of Day Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      9977 North 90th Street, Suite 155
      Scottsdale, Arizona 85258
      United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.

The phone number is 602-258-4440.

The fax number is 602-258-4441.

The email address is chris@daylawfirm.com

Christopher J. Day 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.
The applicant's current correspondence information: CHEN, DAQING. CHEN, DAQING, is located at

      1204 WIESMAN CT
      GREAT FALLS, Virginia 22066
      US

The phone number is 703-618-6071.

The email address is daking_chen@msn.com

The applicants proposed correspondence information: Christopher J. Day. Christopher J. Day of Day Law Firm, is located at

      9977 North 90th Street, Suite 155
      Scottsdale, Arizona 85258
      United States

The phone number is 602-258-4440.

The fax number is 602-258-4441.

The email address is chris@daylawfirm.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Christopher J. Day/     Date: 12/05/2019
Signatory's Name: Christopher J. Day
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-258-4440

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:    CHEN, DAQING
   
   
   1204 WIESMAN CT
   GREAT FALLS, Virginia 22066
Mailing Address:    Christopher J. Day
   Day Law Firm
   9977 North 90th Street, Suite 155
   Scottsdale, Arizona 85258
        
Serial Number: 88346119
Internet Transmission Date: Thu Dec 05 15:29:11 EST 2019
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-201912051529112
59416-88346119-7005c1a21fbf56bc0bea8b2c2
fab759d4def5f7650875191c33de9b8b61c57c9e
-N/A-N/A-20191205152812581963