TEAS Response to Suspension Inquiry

MODULUS

Modulus Financial Engineering, Inc.

Response to Suspension Inquiry or Letter of Suspension

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 1822 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88572275
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK http://uspto.report/TM/88572275/mark.png
LITERAL ELEMENT MODULUS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
CIVIL ACTION PROCEEDING(S)
Civil Action No(s). 1:20-cv-10997 is/are still pending. The applicant hereby requests that the application be re-suspended.
COMMENT(S)/REMARK(S)
The prior cited Civil Action (2:19-cv-04685) in the District of Arizona was dismissed on personal-jurisdiction grounds, but a new Civil Action (1:20-cv-10997) was commenced in the District of Massachusetts, where the cited Registrant is headquartered. The new Civil Action also seeks cancellation of the cited registered mark. Therefore, Applicant respectfully requests the present Application remain suspended pending resolution of the Civil Action.
OWNER SECTION (current)
NAME Modulus Financial Engineering, Inc.
INTERNAL ADDRESS Suite 100
MAILING ADDRESS 9375 East Shea Blvd.
CITY Scottsdale
STATE Arizona
ZIP/POSTAL CODE 85260
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME Modulus Financial Engineering, Inc.
INTERNAL ADDRESS Suite 100
MAILING ADDRESS 9375 East Shea Blvd.
CITY Scottsdale
STATE Arizona
ZIP/POSTAL CODE 85260
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
CORRESPONDENCE INFORMATION (current)
NAME MARIA CRIMI SPETH
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mcs@jaburgwilk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) dag@jaburgwilk.com
CORRESPONDENCE INFORMATION (proposed)
NAME Maria Crimi Speth
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mcs@jaburgwilk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) dag@jaburgwilk.com; akh@jaburgwilk.com
SIGNATURE SECTION
RESPONSE SIGNATURE /Aaron K. Haar/
SIGNATORY'S NAME Aaron K. Haar
SIGNATORY'S POSITION Attorney of record, Arizona Bar member
SIGNATORY'S PHONE NUMBER 6022481025
DATE SIGNED 06/11/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 11 16:46:47 ET 2020
TEAS STAMP USPTO/RSI-XX.XXX.XXX.XX-2
0200611164647299348-88572
275-7105dfcf271d793e2a39a
15b5c1cb4fd0cab575d935fa4
be932404e93dd39574ff-N/A-
N/A-20200611163154666283



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 1822 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension


To the Commissioner for Trademarks:

Application serial no. 88572275 MODULUS(Standard Characters, see http://uspto.report/TM/88572275/mark.png) has been amended as follows:
CIVIL ACTION PROCEEDING(S)
Civil Action No(s). 1:20-cv-10997 is/are still pending. The applicant hereby requests that the application be re-suspended.
Comment(s)/Remark(s):

The prior cited Civil Action (2:19-cv-04685) in the District of Arizona was dismissed on personal-jurisdiction grounds, but a new Civil Action (1:20-cv-10997) was commenced in the District of Massachusetts, where the cited Registrant is headquartered. The new Civil Action also seeks cancellation of the cited registered mark. Therefore, Applicant respectfully requests the present Application remain suspended pending resolution of the Civil Action.


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Modulus Financial Engineering, Inc., a corporation of Arizona, having an address of
      
      Suite 1009375 East Shea Blvd.
      Scottsdale, Arizona 85260
      United States
Proposed: Modulus Financial Engineering, Inc., a corporation of Arizona, having an address of
      Suite 100
      9375 East Shea Blvd.
      Scottsdale, Arizona 85260
      United States
      Email Address: XXXX
Correspondence Information (current):
      MARIA CRIMI SPETH
      PRIMARY EMAIL FOR CORRESPONDENCE: mcs@jaburgwilk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dag@jaburgwilk.com
Correspondence Information (proposed):
      Maria Crimi Speth
      PRIMARY EMAIL FOR CORRESPONDENCE: mcs@jaburgwilk.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dag@jaburgwilk.com; akh@jaburgwilk.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /Aaron K. Haar/     Date: 06/11/2020
Signatory's Name: Aaron K. Haar
Signatory's Position: Attorney of record, Arizona Bar member
Signatory's Phone Number: 6022481025

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:    MARIA CRIMI SPETH
   JABURG & WILK. P.C.
   SUITE 2000
   3200 N. CENTRAL AVE.
   PHOENIX, Arizona
Mailing Address:    Maria Crimi Speth
   JABURG & WILK. P.C.
   SUITE 2000
   3200 N. CENTRAL AVE.
   PHOENIX, Arizona 85012
        
Serial Number: 88572275
Internet Transmission Date: Thu Jun 11 16:46:47 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XX-2020061116464729
9348-88572275-7105dfcf271d793e2a39a15b5c
1cb4fd0cab575d935fa4be932404e93dd39574ff
-N/A-N/A-20200611163154666283



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