Preliminary Amendment

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 1966 (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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88490032 THE EVERWELL(Standard Characters, see http://uspto.report/TM/88490032/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: THE EVERWELL(Standard Characters, see http://uspto.report/TM/88490032/mark.png)
Proposed (USPTO generated image): EVERWELL (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant's current attorney information: Francis J. Duffin. Francis J. Duffin of WIGGIN AND DANA LLP, is located at

      ONE CENTURY TOWER, 265 CHURCH STREET
      NEW HAVEN, Connecticut 06510
      US
The docket/reference number is 205304/US001.

The phone number is 203-498-4347.

The fax number is 203.782.2889.

The email address is fduffin@wiggin.com

The applicants proposed attorney information: Francis J. Duffin. Francis J. Duffin of WIGGIN AND DANA LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ONE CENTURY TOWER, 265 CHURCH STREET
      NEW HAVEN, Connecticut 06510
      United States
The docket/reference number is 205304/US001.

The phone number is 203-498-4347.

The fax number is 203.782.2889.

The email address is fduffin@wiggin.com

Francis J. Duffin submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: FRANCIS J. DUFFIN. FRANCIS J. DUFFIN of WIGGIN AND DANA LLP, is located at

      ONE CENTURY TOWER, 265 CHURCH STREET
      NEW HAVEN, Connecticut 06510
      US
The docket/reference number is 205304/US001.

The phone number is 203-498-4347.

The fax number is 203.782.2889.

The email address is fduffin@wiggin.com; trademarkdocketing@wiggin.com; pbushnell@wiggin.com

The applicants proposed correspondence information: Francis J. Duffin. Francis J. Duffin of WIGGIN AND DANA LLP, is located at

      ONE CENTURY TOWER, 265 CHURCH STREET
      NEW HAVEN, Connecticut 06510
      United States
The docket/reference number is 205304/US001.

The phone number is 203-498-4347.

The fax number is 203.782.2889.

The email address is fduffin@wiggin.com; trademarkdocketing@wiggin.com; pbushnell@wiggin.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
In the instant amendment, Applicant has requested that the mark be amended merely to the definite article "THE" from the mark. It is respectfully submitted that the mark remains essentially the same as originally applied for, namely, EVERWELL. As a result, it is respectfully submitted that the requested amendment does not materially alter the mark or change its commercial impression. Moreover, it is respectfully submitted that the requested amendment to the mark is permissible under the standards set forth by the Trademark Trial and Appeal Board in Visa International Service Association v. Life-Code Systems, Inc., 220 USPQ 740 (TTAB 1983). As the Board in Visa noted: ...The modified mark must contain the essence of what is the original mark, and the new form must create the impression of being essentially the same mark. The general test of whether an alteration is material is whether the mark would have to be republished after the alteration in order to fairly present the mark for purposes of opposition. If one mark is sufficiently different from another mark as to require republication, it would be tantamount to a new mark appropriate for a new application. Visa, at 741. Applicant respectfully submits that the deletion of the definite article in the mark in no way materially alters the commercial impression engendered by the mark. The mark remains in essence what it was at the time of filing. Accordingly, theoretical republication of the mark would be unnecessary to fairly present the mark for opposition purposes. In addition, applicant respectfully notes that the deletion of the definite article in the mark would not require the Examining Attorney to conduct any manner of new or different search for Section 2(d) references, another test commonly employed by Examining Attorneys considering the permissibility of a request for amendment to a mark. For the foregoing reasons, it is respectfully submitted that the requested amendment to the mark is permissible, and Applicant respectfully requests that the mark be amended.


SIGNATURE(S)
Voluntary Amendment Signature
Signature: /fjd/     Date: 08/05/2019
Signatory's Name: Francis J. Duffin
Signatory's Position: Attorney of record, a Connecticut Bar member

Signatory's Phone Number: 203.498.4347

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.

Mailing Address:    FRANCIS J. DUFFIN
   WIGGIN AND DANA LLP
   
   ONE CENTURY TOWER, 265 CHURCH STREET
   NEW HAVEN, Connecticut 06510
Mailing Address:    Francis J. Duffin
   WIGGIN AND DANA LLP
   ONE CENTURY TOWER, 265 CHURCH STREET
   NEW HAVEN, Connecticut 06510
        
Serial Number: 88490032
Internet Transmission Date: Mon Aug 05 11:18:06 EDT 2019
TEAS Stamp: USPTO/PRA-XX.X.XX.XX-2019080511180690665
9-88490032-610bfdb596e8da28e8fa5f9ee9fda
2ef892324efdd0f3b78fd7b4d61b9b3ffe45-N/A
-N/A-20190805105238976595