TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88571984 THE(Standard Characters, see http://uspto.report/TM/88571984/mark.png) has been amended as follows:

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

While Applicant respectfully maintains that the Applied-for Mark is not merely ornamental and is worthy of federal trademark registration as it is an indicator of secondary source and sponsorship, Applicant hereby responds to the Final Office Action by amending the filing basis to intent-to-use under Section 1(b) (and is submitting the requisite declaration in support of the same).

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Clothing, namely, t-shirts, baseball caps and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics
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 08/00/2005 and first used in commerce at least as early as 08/00/2005 , and is now in use in such commerce.


Proposed:
Class 025 for Clothing, namely, t-shirts, baseball caps and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


The owner's/holder's current attorney information: Samantha M. Quimby. Samantha M. Quimby of FROST BROWN TODD LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10 WEST BROAD STREET, SUITE 2300
      COLUMBUS, Ohio 43215
      United States
The docket/reference number is 0539066.
      The phone number is 513-651-6800.
      The fax number is 513-651-6981.
      The email address is ColsTrademarks@fbtlaw.com
Correspondence Information (current):
      Samantha M. Quimby
      PRIMARY EMAIL FOR CORRESPONDENCE: ColsTrademarks@fbtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): squimby@fbtlaw.com

The docket/reference number is 0539066.
Correspondence Information (proposed):
      Samantha M. Quimby
      PRIMARY EMAIL FOR CORRESPONDENCE: ColsTrademarks@fbtlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): squimby@fbtlaw.com; mclark@fbtlaw.com

The docket/reference number is 0539066.

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
Original PDF file:
HS_696113158-094237069_._ Declaration_in_Support_of _1_b__Amendment.pdf
Converted PDF file(s) (1 page) Signature File1
Signatory's Name: Richard A. Van Brimmer
Signatory's Position: Assistant Vice President, Business Advancement Affinity & Trademark Management
Signature method: Handwritten

Request for Reconsideration Signature
Signature: /samantha m quimby/     Date: 02/08/2022
Signatory's Name: Samantha M. Quimby
Signatory's Position: Attorney of record, Ohio bar member
Signature method: Signed directly within the form

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:    Samantha M. Quimby
   FROST BROWN TODD LLC
   
   10 WEST BROAD STREET, SUITE 2300
   COLUMBUS, Ohio 43215
Mailing Address:    Samantha M. Quimby
   FROST BROWN TODD LLC
   10 WEST BROAD STREET, SUITE 2300
   COLUMBUS, Ohio 43215
        
Serial Number: 88571984
Internet Transmission Date: Tue Feb 08 10:09:10 ET 2022
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20220208100910240
318-88571984-80065c66450a7e0e6b18ecb2883
74ac17886386199c1bf2883d3d4b4c2a2fc1fe-N
/A-N/A-20220208094237069118