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. 88569856 CASH(Standard Characters, see http://uspto.report/TM/88569856/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 025 for Clothing, namely, crops; Bottoms as clothing; Embroidered clothing, namely, men and women; Hooded sweatshirts for men and women; Hoodies; Jackets; Jackets for men and women; Pants for men and women; Shirts for men and women; Shorts for men and women; Sweaters for men and women; Sweatpants for men and women; Sweatshirts for men and women; T-shirts for men and women; Tops as clothing; Women's clothing, namely, shirts, dresses, skirts, blouses
Original Filing Basis:
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 12/07/2018 and first used in commerce at least as early as 12/07/2018 , and is now in use in such commerce.

Proposed: Class 025 for Clothing, namely, crops; Bottoms as clothing; Embroidered clothing, namely, men and women; Hooded sweatshirts for men and women; Hoodies; Jackets; Jackets for men and women; Pants for men and women; Shirts for men and women; Shorts for men and women; Sweaters for men and women; Sweatpants for men and women; Sweatshirts for men and women; T-shirts for men and women; Tops as clothing; Women's clothing, namely, shirts, dresses, skirts, blouses
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 12/07/2018 and first used in commerce at least as early as 12/07/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of 4 t-shirts with logo "C/\SH" on front of t-shirt.... (1 black t-shirt showing a closer look at the tag with logo "C/\SH" on it) 1 white t-shirt with logo "C/\SH" on it. On the inside of t-shirt it has a tag with logo "C/\SH" and S (size of t-shirt). 1 black t-shirt with logo "C/\SH" on it. On the inside of t-shirt it has a tag with logo "C/\SH" and S (size of t-shirt). 1 white ladies t-shirt with logo "C/\SH" on it. 1 red ladies t-shirt with logo "C/\SH" on it. .
"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
Specimen File2
Specimen File3
Specimen File4
Specimen File5

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: /Christopher Scott Jr./      Date: 02/06/2020
Signatory's Name: Christopher Scott Jr.
Signatory's Position: owner
Signatory's Phone Number: 313-212-2590


Request for Reconsideration Signature
Signature: /Christopher Scott Jr./     Date: 02/06/2020
Signatory's Name: Christopher Scott Jr.
Signatory's Position: owner

Signatory's Phone Number: 313-212-2590

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

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

        
Serial Number: 88569856
Internet Transmission Date: Thu Feb 06 15:23:34 EST 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-202002061523345
64902-88569856-7001ee8cc5375f2aca022d18b
38cef75f219e8756e50cdedd0651221265593-N/
A-N/A-20200206142652173909