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. 88490032 EVERWELL(Standard Characters, see http://uspto.report/TM/88490032/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 036 for Providing membership fee-based access to multi-purpose work space, namely, access to open-concept workspace and rental of meeting rooms
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: Providing membership fee-based access to multi-purpose work space, namely, access to open-concept workspace and rental of meeting rooms; Providing membership fee-based access to multi-purpose work space, namely, access to open-concept workspace in the nature of rental of shared office spaceClass 036 for Providing membership fee-based access to multi-purpose work space, namely, access to open-concept workspace in the nature of rental of shared office space
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):
      Francis J. Duffin
      PRIMARY EMAIL FOR CORRESPONDENCE: fduffin@wiggin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkdocketing@wiggin.com; pbushnell@wiggin.com

The docket/reference number is 205304/US001.
Correspondence Information (proposed):
      Francis J. Duffin
      PRIMARY EMAIL FOR CORRESPONDENCE: fduffin@wiggin.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkdocketing@wiggin.com; pbushnell@wiggin.com

The docket/reference number is 205304/US001.

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).

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant initially notes, simply for the Examining Attorney's information, that on March 18, 2020 an Amendment to Allege Use of the mark in Classes 36 and 41 was electronically submitted. The Examining Attorney has objected to the Class 36 recitation. In the instant Response the Class 36 recitation has been revised to delete the reference to "rental of meeting rooms." Concerning the Examiner's suggestion that "rental of office space" be adopted, such is not quite accurate. In point of fact, applicant provides (amongst other things) services of rental of SHARED office space. Accordingly, applicant has amended the recitation to reflect this. It is respectfully submitted that the revised recitation is now both accurate and definite.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /fjd/     Date: 03/20/2020
Signatory's Name: Francis J. Duffin
Signatory's Position: Attorney of record, a member in good standing of the Bar of the state of Connecticut

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

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: Fri Mar 20 11:44:55 ET 2020
TEAS Stamp: USPTO/RFR-XX.X.XX.XX-2020032011445539180
5-88490032-710d7ef761a33d426d97b73f1f4a2
a698a762681111e63a3a2f9ce9519b1b182-N/A-
N/A-20200320112916685175