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. 88348801 WESTJET PAR AMOUR DU VOYAGE (Stylized and/or with Design, see http://uspto.report/TM/88348801/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 035 for on-line retail store services offered in connection with an airline featuring a wide variety of souvenir goods, convenience items for travelers and general consumer merchandise via a website on a global computer network; retail store services offered in connection with an airline featuring souvenir goods, convenience items for travelers and general consumer merchandise; consumer loyalty services for commercial, promotional and/or advertising purposes, namely, business administration of a frequent flyer program that allows members to purchase air transportation, tour operator and travel operator goods and services with redeemable points; issuing gift certificates which may then be redeemed for goods or services; online retail store services featuring pre-recorded audiovisual content in the nature of movies and television programs
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.

Proposed:
Tracked Text Description: on-line retail store services offered in connection with an airline featuring a wide variety of souvenir goods, convenience items for travelers and general consumer merchandise via a website on a global computer network; retail store services offered in connection with an airline featuring souvenir goods, convenience items for travelers and general consumer merchandise; consumer loyalty services for commercial, promotional and/or advertising purposes, namely, business administration of a frequent flyer program that allows members to purchase air transportation, tour operator and travel operator goods and services with redeemable points; issuing gift certificates which may then be redeemed for goods or services; online retail store services featuring pre-recorded audiovisual content in the nature of movies and television programs; providing hotel rate comparison informationClass 035 for on-line retail store services offered in connection with an airline featuring a wide variety of souvenir goods, convenience items for travelers and general consumer merchandise via a website on a global computer network; retail store services offered in connection with an airline featuring souvenir goods, convenience items for travelers and general consumer merchandise; consumer loyalty services for commercial, promotional and/or advertising purposes, namely, business administration of a frequent flyer program that allows members to purchase air transportation, tour operator and travel operator goods and services with redeemable points; issuing gift certificates which may then be redeemed for goods or services; online retail store services featuring pre-recorded audiovisual content in the nature of movies and television programs; providing hotel rate comparison information
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for providing on-line, magazines and journals in the fields of transportation and travel; provision of in-flight entertainment services, namely, online non-downloadable general feature magazines, television news shows, on-line computer games; onboard in-flight entertainment services, namely, on-line non-downloadable general feature magazines, television news shows, on-line computer games; provision of in-flight entertainment services in the nature of movies, television programs featuring news, sports, music, and cultural programs; provision of in-flight entertainment services in the nature of providing temporary use of non-downloadable electronic games; provision of in-flight entertainment services in the nature of on-line non-downloadable general feature magazines; provision of in-flight entertainment services in the nature of on-line music, not downloadable; rental of pre-recorded audiovisual content in the nature of films, computer game programs, DVDs, movies and television programs
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.

Proposed:
Tracked Text Description: providing on-line, magazines and journals in the fields of transportation and travel; provision of in-flight entertainment services, namely, online non-downloadable general feature magazines, television news shows, on-line computer games; onboard in-flight entertainment services, namely, on-line non-downloadable general feature magazines, television news shows, on-line computer games; provision of in-flight entertainment services in the nature of movies, television programs featuring news, sports, music, and cultural programs; provision of in-flight entertainment services in the nature of online non-downloadable movies and television programs featuring news, sports, music, and cultural programs; provision of in-flight entertainment services in the nature of providing temporary use of non-downloadable electronic games; provision of in-flight entertainment services in the nature of on-line non-downloadable general feature magazines; provision of in-flight entertainment services in the nature of on-line music, not downloadable; rental of pre-recorded audiovisual content in the nature of films, computer game programs, DVDs, movies and television programsClass 041 for providing on-line, magazines and journals in the fields of transportation and travel; provision of in-flight entertainment services, namely, online non-downloadable general feature magazines, television news shows, on-line computer games; onboard in-flight entertainment services, namely, on-line non-downloadable general feature magazines, television news shows, on-line computer games; provision of in-flight entertainment services in the nature of online non-downloadable movies and television programs featuring news, sports, music, and cultural programs; provision of in-flight entertainment services in the nature of providing temporary use of non-downloadable electronic games; provision of in-flight entertainment services in the nature of on-line non-downloadable general feature magazines; provision of in-flight entertainment services in the nature of on-line music, not downloadable; rental of pre-recorded audiovisual content in the nature of films, computer game programs, DVDs, movies and television programs
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for providing information about hotels and temporary accommodations; travel agency services, namely, making reservations and bookings for hotels and temporary accommodations
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.

Proposed:
Tracked Text Description: providing information about hotels and temporary accommodations; providing information in the field of hotels and temporary accommodations for travelers; travel agency services, namely, making reservations and bookings for hotels and temporary accommodationsClass 043 for providing information in the field of hotels and temporary accommodations for travelers; travel agency services, namely, making reservations and bookings for hotels and temporary accommodations
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Zachary A. Aria/     Date: 12/05/2019
Signatory's Name: Zachary A. Aria
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 215-569-5347

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: 88348801
Internet Transmission Date: Thu Dec 05 15:27:11 EST 2019
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20191205152711057
050-88348801-700ec9fb24fd2bd1c121696d5f2
585b8a44372b52f878fd070f93cb2aa187832a0-
N/A-N/A-20191205152221765363