TEAS Response to Suspension Inquiry

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 1822 (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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88355711 AIRTOP(Standard Characters, see http://uspto.report/TM/88355711/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e) for any foreign application(s) claimed as a basis for priority.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software application for two or three-dimensional simulation and modeling for use in design, planning, development and analysis of air traffic control, use of airspace, runway control and sequencing, airside ground traffic movements, airport operations and capacity, and airport passenger behaviour and terminal processes
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 05/31/2018 and first used in commerce at least as early as 05/31/2018, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1934758 filed 12/07/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Downloadable software application for two or three-dimensional simulation and modeling for use in design, planning, development and analysis of air traffic control, use of airspace, runway control and sequencing, airside ground traffic movements, airport operations and capacity, and airport passenger behaviour and terminal processes
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 05/31/2018 and first used in commerce at least as early as 05/31/2018, and is now in use in such commerce.
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1934758 filed 12/07/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


Response Suspension Inquiry Signature
Signature: /seongcheolson/     Date: 11/29/2019
Signatory's Name: Seong-Cheol Son
Signatory's Position: Attorney of record, WA bar member
Signatory's Phone Number: 604-677-7727

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.

        
Serial Number: 88355711
Internet Transmission Date: Fri Nov 29 16:38:50 EST 2019
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XXX-201911291638508
93802-88355711-700249c48d819594b5f6169e7
cbf2c90108346f3a6be4f96b4113e9144ba3df1-
N/A-N/A-20191129162923344529