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. 88392639 CLEVER BLEND(Standard Characters, see http://uspto.report/TM/88392639/mark.png) has been amended as follows:

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

Section 2(d) Citation Should Be Removed. In response to the Examiner's Final Office Action, dated January 17, 2020, Applicant herewith submits a revised Letter of Consent, executed pursuant to a Coexistence Agreement between Applicant and the cited Registrant. This revised Letter of Consent is now executed by both parties. In addition, the revised Letter of Consent references Classes 21, 30, 35 and 43. This revised Letter of Consent should now allow for the removal of RN5774422 as a bar to the registration of SN88392639. In light of the above, Applicant respectfully requests that the citation of RN5774422 as a basis for the refusal to registration of Application SN88392639 be removed and that SN 88392639 should be passed to publication.

EVIDENCE
Evidence in the nature of Letter of Consent has been attached.
Original PDF file:
evi_711254634-20200226154959318226_._W714_Fully_Executed_Letter_of_Consent_200226.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Luca Tesconi, a citizen of United States, having an address of
      23-10 41st Avenue #11J
      Long Island City, New York 11101
      United States

Proposed: Tesconi, Luca, a citizen of United States, having an address of
      23-10 41st Avenue #11J
      Long Island City, New York 11101
      United States
      Email Address: XXXX

Applicant proposes to amend the following:
Current: Andrea Alimonta, a citizen of Italy, having an address of
      30-29 74th Street
      New York, New York 11370
      United States

Proposed: Alimonta, Andrea, a citizen of Italy, having an address of
      30-29 74th Street
      New York, New York 11370
      United States
      Email Address: XXXX
Correspondence Information (current):
      Mitchell E. Radin
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@collenip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmcollen@collenip.com

The docket/reference number is W714.
Correspondence Information (proposed):
      Mitchell E. Radin
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@collenip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmcollen@collenip.com

The docket/reference number is W714.

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: /mitchell radin/     Date: 02/26/2020
Signatory's Name: Radin, Mitchell
Signatory's Position: Attorney of record

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:    Mitchell E. Radin
   COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C.
   THE HOLYOKE-MANHATTAN BUILDING
   80 SOUTH HIGHLAND AVENUE
   OSSINING, New York 10562
Mailing Address:    Mitchell E. Radin
   COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C.
   THE HOLYOKE-MANHATTAN BUILDING
   80 SOUTH HIGHLAND AVENUE
   OSSINING, New York 10562
        
Serial Number: 88392639
Internet Transmission Date: Wed Feb 26 16:02:36 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20200226160236477
407-88392639-710e034d36ae5b49dc37a83eb33
73a235d073e813f98663f7cda9acb0343390e461
-N/A-N/A-20200226154959318226