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)

---

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. 88378178 RAPID FORCE(Standard Characters, see http://uspto.report/TM/88378178/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 013 for GUN HOLSTERS DESIGNED FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; GUN BELTS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; DUTY BELTS, NAMELY, BELTS SPECIALLY ADAPTED FOR CARRYING FIREARMS, STUN GUNS, FLASHLIGHTS, HANDCUFFS, BATONS, AMMUNITION MAGAZINES, GLOVES, RADIOS, CHEMICAL SPRAYS, AND TOURNIQUETS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; STUN GUN HOLDERS WHICH ATTACH TO DUTY BELTS; HOLSTER MOUNTS, NAMELY, MOUNTS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS OR PHYSICAL LOCATIONS; MODULAR HOLSTER SYSTEMS, NAMELY, SYSTEMS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS OR PHYSICAL LOCATIONS, CONSISTING OF HOLSTERS, HOLSTER MOUNTS, AND DUTY BELTS
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: GUN HOLSTERS DESIGNED FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; GUN BELTS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; DUTY BELTS, NAMELY, BELTS SPECIALLY ADAPTED FOR CARRYING FIREARMS, STUN GUNS, FLASHLIGHTS, HANDCUFFS, BATONS, AMMUNITION MAGAZINES, GLOVES, RADIOS, CHEMICAL SPRAYS, AND TOURNIQUETS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; DUTY BELTS, NAMELY, BELTS SPECIALLY ADAPTED FOR CARRYING FIREARMS, STUN GUNS, AMMUNITION MAGAZINES, AND CHEMICAL SPRAYS BEING PERSONAL DEFENSE SPRAYS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; STUN GUN HOLDERS WHICH ATTACH TO DUTY BELTS; HOLSTER MOUNTS, NAMELY, MOUNTS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS OR PHYSICAL LOCATIONS; HOLSTER MOUNTS, NAMELY, MOUNTS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS AND PHYSICAL LOCATIONS; MODULAR HOLSTER SYSTEMS, NAMELY, SYSTEMS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS OR PHYSICAL LOCATIONS, CONSISTING OF HOLSTERS, HOLSTER MOUNTS, AND DUTY BELTS; MODULAR HOLSTER SYSTEMS, NAMELY, SYSTEMS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS AND PHYSICAL LOCATIONS, CONSISTING OF HOLSTERS, HOLSTER MOUNTS, AND DUTY BELTS BEING GUN BELTSClass 013 for GUN HOLSTERS DESIGNED FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; GUN BELTS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; DUTY BELTS, NAMELY, BELTS SPECIALLY ADAPTED FOR CARRYING FIREARMS, STUN GUNS, AMMUNITION MAGAZINES, AND CHEMICAL SPRAYS BEING PERSONAL DEFENSE SPRAYS FOR MEMBERS OF LAW ENFORCEMENT AND MILITARY; STUN GUN HOLDERS WHICH ATTACH TO DUTY BELTS; HOLSTER MOUNTS, NAMELY, MOUNTS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS AND PHYSICAL LOCATIONS; MODULAR HOLSTER SYSTEMS, NAMELY, SYSTEMS SPECIALLY ADAPTED FOR SECURING HOLSTERS IN MULTIPLE CARRY PLATFORMS AND PHYSICAL LOCATIONS, CONSISTING OF HOLSTERS, HOLSTER MOUNTS, AND DUTY BELTS BEING GUN BELTS
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 hereby adds the following class of goods/services to the application:
New: Class 006 for Duty belts, namely, belts specially adapted for carrying handcuffs for members of law enforcement and military; Handcuff cases sold as a component of duty belts for members of law enforcement and military.
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 hereby adds the following class of goods/services to the application:
New: Class 008 for Duty belts, namely, belts specially adapted for carrying police batons for members of law enforcement and military; police baton carrier sold as a component of duty belts for members of law enforcement and military.
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 hereby adds the following class of goods/services to the application:
New: Class 009 for Duty belts, namely, belts specially adapted for carrying radios for members of law enforcement and military; Radio cases sold as a component of duty belts for members of law enforcement and military.
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 hereby adds the following class of goods/services to the application:
New: Class 010 for Duty belts, namely, belts specially adapted for carrying tourniquets for members of law enforcement and military; tourniquet carrier sold as a component of duty belts for members of law enforcement and military; Duty belts, namely, belts specially adapted for carrying medical gloves for members of law enforcement and military; medical glove carrier sold as a component of duty belts for members of law enforcement and military.
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 hereby adds the following class of goods/services to the application:
New: Class 011 for Duty belts, namely, belts specially adapted for carrying flashlights for members of law enforcement and military; flashlight carrier sold as a component of duty belts for members of law enforcement and military.
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: Tedder Industries, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      4411 W. Riverbend Ave.
      Post Falls, Idaho 83854
      United States

Proposed: Tedder Industries, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      4411 W. Riverbend Ave.
      Post Falls, Idaho 83854
      United States
      Email Address: XXXX
Correspondence Information (current):
      Shamus T. O'Doherty
      PRIMARY EMAIL FOR CORRESPONDENCE: sto@randalldanskin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@randalldanskin.com

The docket/reference number is 23578-37.
Correspondence Information (proposed):
      Shamus T. O'Doherty
      PRIMARY EMAIL FOR CORRESPONDENCE: sto@randalldanskin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@randalldanskin.com

The docket/reference number is 23578-37.

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).

FEE(S)
Fee(s) in the amount of $1375 is being submitted.

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: /Shamus T. O'Doherty/      Date: 03/06/2020
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, Washington bar member
Signatory's Phone Number: (509)747-2052


Request for Reconsideration Signature
Signature: /Shamus T. O'Doherty/     Date: 03/06/2020
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: (509)747-2052

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:    Shamus T. O'Doherty
   RANDALL | DANSKIN PS
   SUITE 1500
   601 W. RIVERSIDE
   SPOKANE, Washington 99201
Mailing Address:    Shamus T. O'Doherty
   RANDALL | DANSKIN PS
   SUITE 1500
   601 W. RIVERSIDE
   SPOKANE, Washington 99201
        
RAM Sale Number: 88378178
RAM Accounting Date: 03/06/2020
        
Serial Number: 88378178
Internet Transmission Date: Fri Mar 06 18:11:53 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.X.XXX-20200306181153250
010-88378178-710fc2fd4cc6fc2fb740a3836ab
db552c4e6a8c606cf8ead1339eee6af0b9ab43-C
C-11511653-20200306175205798218