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. 88362839 STUDIO 35(Standard Characters, see http://uspto.report/TM/88362839/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

On March 25, 2020 (which was subsequent to the Examining Attorney's issuance of the Final Office Action in this matter on March 4, 2020), the Registrant of U.S. Registration No. 4430116 (the "Remaining Cited Registration") filed a Voluntary Amendment with the USPTO deleting International Class 9 (for sunglasses) from the Remaining Cited Registration. Thus, the basis for the Examining Attorney's Section 2(d) Refusal has been eliminated.

Moreover, on June 12, 2020, the entire Remaining Cited Registration was cancelled by the USPTO for failure to file a declaration under Section 8 in a timely manner, including the six-month grace period allowed for late filing.

Accordingly, the Section 2(d) Refusal should be withdrawn and Applicant's application allowed to proceed.

Respectfully submitted, Leslie Steinau, Applicant's Attorney of Record

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: THIRTY FIVE VENTURES LLC, a limited liability company legally organized under the laws of Delaware, having an address of

            150 WEST 25TH STREET      SUITE 602
      NEW YORK, New York 10001
      United States

Proposed: THIRTY FIVE VENTURES LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      150 WEST 25TH STREET
      SUITE 602
      NEW YORK, New York 10001
      United States
      Email Address: XXXX
Correspondence Information (current):
      Leslie Steinau
      PRIMARY EMAIL FOR CORRESPONDENCE: lsteinau@wilkauslander.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sriback@wilkauslander.com; jbender@wilkauslander.com

The docket/reference number is 5168.02.
Correspondence Information (proposed):
      Leslie Steinau
      PRIMARY EMAIL FOR CORRESPONDENCE: lsteinau@wilkauslander.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sriback@wilkauslander.com; jbender@wilkauslander.com

The docket/reference number is 5168.02.

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)
Request for Reconsideration Signature
Signature: /Leslie Steinau/     Date: 06/15/2020
Signatory's Name: Leslie Steinau
Signatory's Position: Attorney of record

Signatory's Phone Number: 212-981-2300

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:    Leslie Steinau
   WILK AUSLANDER LLP
   43rd Floor
   1515 Broadway
   New York, New York 10036-8901
Mailing Address:    Leslie Steinau
   WILK AUSLANDER LLP
   43rd Floor
   1515 Broadway
   New York, New York 10036-8901
        
Serial Number: 88362839
Internet Transmission Date: Mon Jun 15 16:57:08 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.X-20200615165708326
801-88362839-710457835202d6f367e93473c52
3ad677d5d1c250837dca78902556dbf0411fc4d-
N/A-N/A-20200615162109317092