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. 88371400 ATTAWAY(Standard Characters, see http://uspto.report/TM/88371400/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 041 for entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment, and topics of general interest broadcast via an online communications network; entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment, and topics of general interest broadcast via video media
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: entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment, and topics of general interest broadcast via an online communications network; entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment via an online communications network; entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment, and topics of general interest broadcast via video media; entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment via video mediaClass 041 for entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment via an online communications network; entertainment services in the nature of visual and audio performances, namely, ongoing video media programs regarding variety, drama, comedy, children's entertainment via video media
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BRAT INC., a corporation of Delaware, having an address of
      251 Park Rd., Suite 150
      Burlingame, California 94010
      United States

Proposed: BRAT INC., a corporation of Delaware, having an address of
      251 Park Rd., Suite 150
      Burlingame, California 94010
      United States
      Email Address: XXXX
Correspondence Information (current):
      David A.W. Wong
      PRIMARY EMAIL FOR CORRESPONDENCE: dwong@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDOCKET@btlaw.com

The docket/reference number is 73973-293846.
Correspondence Information (proposed):
      David A.W. Wong
      PRIMARY EMAIL FOR CORRESPONDENCE: dwong@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmindocket@btlaw.com; cbrinson@btlaw.com; bssmith@btlaw.com

The docket/reference number is 73973-293846.

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: /bssmith/     Date: 04/21/2020
Signatory's Name: Brittany S. Smith
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member

Signatory's Phone Number: 317-236-1313

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:    David A.W. Wong
   BARNES & THORNBURG LLP
   
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana 46204-3535
Mailing Address:    David A.W. Wong
   BARNES & THORNBURG LLP
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana 46204-3535
        
Serial Number: 88371400
Internet Transmission Date: Tue Apr 21 16:49:44 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2020042116494405
5213-88371400-710e21ebe5859142b48613cfb9
bfbff056243558263f5b72fca1c352dc1414848c
-N/A-N/A-20200421164239501502