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. 88348829 SALT (Stylized and/or with Design, see http://uspto.report/TM/88348829/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SALT (Stylized and/or with Design, see http://uspto.report/TM/88348829/mark.png)
Proposed: SALT (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of two square outlines, one inside the other, in which the word "SALT" is centered. The white in the drawing represents transparent areas and is not claimed as a feature of the mark.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for Restaurant and café services
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 02/01/2019 and first used in commerce at least as early as 02/01/2019 , and is now in use in such commerce.

Proposed: Class 043 for Restaurant and café services
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 02/01/2019 and first used in commerce at least as early as 02/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 043 . The specimen(s) submitted consists of There are three attached specimens; two from SALT's Instagram page, and one that is a picture of a barista serving coffee in a cup bearing the café's SALT mark while also wearing a t-shirt bearing the café's SALT mark. One PDF from the Instagram page specifically comes from February of 2019, when the SALT café and restaurant went into business and began using the mark (the word, SALT surrounded by two square lines) in commerce. In this PDF, the business is promoting that they are serving Oregon beers by showing a patron holding a beer while wearing the Salt logo. The second Instagram PDF shows Salt promoting its café, and the kind of food, beverages, and events it offers with its mark set as its profile picture. In addition, pictures on their Instagram feed include, for example, a barista serving a latte in a cup bearing the SALT mark, baristas wearing the SALT mark on their t-shirts, the SALT mark on reusable coffee mugs, and the SALT mark on a cup next to food that can be purchased at the restaurant, like hummus and pita bread. The SALT mark is used throughout the café and restaurant and on its Instagram page to promote its beverages and food. The Instagram website is http://www.instagram.com/salt.crave/. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):
Specimen File1
Original PDF file:
SPU0-14917521079-20191101151901212736_._Salt_on_Instagram__Logo_and_beer.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-14917521079-20191101151901212736_._Salt___salt.crave____Instagram_photos_and_videos.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The applicant hereby appoints Shanna Knight. Shanna Knight of Small Business Legal Clinic, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      310 SW 4th Ave. Suite 1018
      Portland, Oregon 97204
      United States
to submit this Request for Reconsideration after Final Action on behalf of the applicant.

The phone number is 503-768-6512.

The email address is shanna@lclark.edu

Shanna Knight 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: S.LOCKE COMPANIES LLC. S.LOCKE COMPANIES LLC of S.LOCKE COMPANIES LLC, is located at

      1748 NE 16TH ST
      LINCOLN CITY, Oregon 97367
      US

The phone number is 541-207-8682.

The email address is shelbylocke@gmail.com

The applicants proposed correspondence information: Shanna Knight. Shanna Knight of Small Business Legal Clinic, is located at

      310 SW 4th Ave. Suite 1018
      Portland, Oregon 97204
      United States

The phone number is 503-768-6512.

The email address is shanna@lclark.edu; shelbylocke@gmail.com

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: /Shanna Knight/      Date: 11/01/2019
Signatory's Name: Shanna Knight
Signatory's Position: Attorney of record
Signatory's Phone Number: 503-768-6512


Request for Reconsideration Signature
Signature: /Shanna Knight/     Date: 11/01/2019
Signatory's Name: Shanna Knight
Signatory's Position: Attorney of record

Signatory's Phone Number: 503-768-6512

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:    S.LOCKE COMPANIES LLC
   S.LOCKE COMPANIES LLC
   
   1748 NE 16TH ST
   LINCOLN CITY, Oregon 97367
Mailing Address:    Shanna Knight
   Small Business Legal Clinic
   310 SW 4th Ave. Suite 1018
   Portland, Oregon 97204
        
Serial Number: 88348829
Internet Transmission Date: Fri Nov 01 17:48:40 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201911011748401
98253-88348829-70083973072c1156e60582662
853aaec092d3423b42a3d7cf1d852cac8bbf547b
5-N/A-N/A-20191101174402841371