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. 88378248 ADAPT(Standard Characters, see http://uspto.report/TM/88378248/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education, coaching, and training services, namely, providing classes, workshops, and training in the fields of parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment and distribution of course material in connection therewith; providing educational information, news and commentary in the fields of parenting strategies and skills, stress management, communication, mindfulness, the military, military life and military life stressors and transitioning from military life to civilian life; providing a website featuring online educational resources, and information, namely, online resource guides, online audio, video, and publications in the nature of online articles and online forms, and regarding parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/00/2011 and first used in commerce at least as early as 03/00/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Education, coaching, and training services, namely, providing classes, workshops, and training in the fields of parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment and distribution of course material in connection therewith; providing educational information, news and commentary in the fields of parenting strategies and skills, stress management, communication, mindfulness, the military, military life and military life stressors and transitioning from military life to civilian life; providing a website featuring online educational resources and information, namely, downloadable and non-downloadable publications in the nature of online resource guides, online articles and online forms in the fields of parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment and featuring online educational resources and information in the nature of downloadable and non-downloadable audio and video recordings featuring parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment; providing a website featuring online educational resources, and information, namely, online resource guides, online audio, video, and publications in the nature of online articles and online forms, and regarding parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deploymentClass 041 for Education, coaching, and training services, namely, providing classes, workshops, and training in the fields of parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment and distribution of course material in connection therewith; providing a website featuring online educational resources and information, namely, downloadable and non-downloadable publications in the nature of online resource guides, online articles and online forms in the fields of parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment and featuring online educational resources and information in the nature of downloadable and non-downloadable audio and video recordings featuring parenting strategies and skills, stress management, communication, mindfulness, military life stressors, and reintegration from military deployment
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/00/2011 and first used in commerce at least as early as 03/00/2011 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Providing educational information, news and commentary in the fields of parenting strategies and skills concerning stress management and the health of children
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/00/2011 and first used in commerce at least as early as 03/00/2011 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044 . The specimen(s) submitted consists of screenshot of website using Applicant's mark to advertise and render Applicant's services .
"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]. Specimen File1

FEE(S)
Fee(s) in the amount of $275 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: /TDS/      Date: 02/04/2020
Signatory's Name: Timothy D. Sitzmann
Signatory's Position: Attorney of record, Minnesota bar member
Signatory's Phone Number: 6126046689


Request for Reconsideration Signature
Signature: /TDS/     Date: 02/04/2020
Signatory's Name: Timothy D. Sitzmann
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612.604.6689

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.

        
RAM Sale Number: 88378248
RAM Accounting Date: 02/04/2020
        
Serial Number: 88378248
Internet Transmission Date: Tue Feb 04 17:29:31 EST 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20200204172931
904608-88378248-7009d9484c9815f54495bad1
6ca33ce71ffb29d2c4cdab8e9f3c4c6f2ddf88c-
CC-29302310-20200204171351240484