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. 88380374 EXOIO(Standard Characters, see http://uspto.report/TM/88380374/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 035 for Business management consultation, industrial product design and development logistics management services, manufacturing logistics management services, distribution and retail logistics management services, fulfillment logistics management services, brand development and marketing logistics management services, accounting services, customer support services, namely fulfillment services
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 01/09/2018 and first used in commerce at least as early as 07/09/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business management consultation, industrial product design and development logistics management services, manufacturing logistics management services, distribution and retail logistics management services, fulfillment logistics management services, brand development and marketing logistics management services, accounting services, customer support services, namely fulfillment services; Business management consultation, fulfillment logistics management services, accounting services, customer support services, namely order fulfillment services; logistics management in the field of industrial product and design, brand development and marketing.Class 035 for Business management consultation, fulfillment logistics management services, accounting services, customer support services, namely order fulfillment services; logistics management in the field of industrial product and design, brand development and marketing.
Deleted Filing Basis: 1(a)
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.
Correspondence Information (current):
      Pam Kohli Jacobson
      PRIMARY EMAIL FOR CORRESPONDENCE: pam.jacobson@klgates.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): setrademarks@klgates.com; Grace.Carlson@klgates.com; Terri.Li.SE@klgates.com; DoughteryIPTeam@klgates.com

The docket/reference number is 195942300009.
Correspondence Information (proposed):
      Pam Kohli Jacobson
      PRIMARY EMAIL FOR CORRESPONDENCE: pam.jacobson@klgates.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): setrademarks@klgates.com; Grace.Carlson@klgates.com; Terri.Li.SE@klgates.com; DoughteryIPTeam@klgates.com

The docket/reference number is 195942300009.

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)
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: /Pam Kohli Jacobson/      Date: 05/05/2020
Signatory's Name: Pam Kohli Jacobson
Signatory's Position: Attorney of Record, Washington bar member
Signatory's Phone Number: 206-370-7605


Request for Reconsideration Signature
Signature: /Pam Kohli Jacobson/     Date: 05/05/2020
Signatory's Name: Pam Kohli Jacobson
Signatory's Position: Attorney of record, Washington State Bar member

Signatory's Phone Number: 206.370.7580

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:    Pam Kohli Jacobson
   K&L Gates LLP
   
   925 Fourth Avenue, Suite 2900
   Seattle, Washington 98104
Mailing Address:    Pam Kohli Jacobson
   K&L Gates LLP
   925 Fourth Avenue, Suite 2900
   Seattle, Washington 98104
        
Serial Number: 88380374
Internet Transmission Date: Tue May 05 18:50:40 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.X-20200505185040984
231-88380374-7102ba07413c4127a45d9df7ee5
2c329ccc1aaf2ebcf3d2fc71148cbdf14113746-
N/A-N/A-20200505164449344684