TEAS Response to Suspension Inquiry

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)

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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 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. 88585491 BIOWARE(Standard Characters, see http://uspto.report/TM/88585491/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The applicant herein elects NOT to proceed to registration under Section 44(e) for any foreign application(s) claimed as a basis for priority.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Table cutlery, including disposable cutlery
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [China application number 36540538 filed 02/27/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 008 for Table cutlery, including disposable cutlery
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/31/2008 and first used in commerce at least as early as 12/31/2008, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 008. The specimen(s) submitted consists of A photograph of a fork and spoon with the mark displayed and a photograph of the product packaging displaying the mark..
"The substitute (or new, 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, 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]. Specimen File1
Specimen File2

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [China application number 36540538 filed 02/27/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : System experiences issues when trying to connect to message retriever


The applicant's current attorney information: William B. Kircher. Other appointed attorneys are William B. Kircher. William B. Kircher of HUSCH BLACKWELL LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4801 MAIN STREET, SUITE 1000
      KANSAS CITY, Missouri
      US
The docket/reference number is 16695.11119.

The phone number is 816-983-8000.

The fax number is 816-983-8080.

The email address is pto-kc@huschblackwell.com

The applicants proposed attorney information: William B. Kircher. Other appointed attorneys are Wade Kerrigan, Nathan Oleen, Kristine L. Kappel, Robert J. Bowman, Max Ellenbecker, Robert Liam Reilly, Adam S. Wright. William B. Kircher of Husch Blackwell LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      4801 Main Street, Suite 1000
      Kansas City, Missouri 64112
      United States
The docket/reference number is 16695.11119.

The phone number is 816-983-8000.

The fax number is 816-983-8080.

The email address is pto-kc@huschblackwell.com

William B. Kircher submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: WILLIAM B. KIRCHER. Other appointed attorneys are William B. Kircher. WILLIAM B. KIRCHER of HUSCH BLACKWELL LLP, and the attorney(s) is located at

      4801 MAIN STREET, SUITE 1000
      KANSAS CITY, Missouri
      US
The docket/reference number is 16695.11119.

The phone number is 816-983-8000.

The fax number is 816-983-8080.

The email address is pto-kc@huschblackwell.com

The applicants proposed correspondence information: William B. Kircher. William B. Kircher of Husch Blackwell LLP, is located at

      4801 Main Street, Suite 1000
      Kansas City, Missouri 64112
      United States
The docket/reference number is 16695.11119.

The phone number is 816-983-8000.

The fax number is 816-983-8080.

The email address is pto-kc@huschblackwell.com

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: 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/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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /Rochelle Stringer/    Date: 02/07/2020
Signatory's Name: Rochelle Stringer
Signatory's Position: Secretary and General Counsel
Signatory's Phone Number: 913-583-8635

Response Suspension Inquiry Signature
Signature: /Nathan E. Oleen/     Date: 02/07/2020
Signatory's Name: Nathan E. Oleen
Signatory's Position: Attorney of record, Missouri Bar member
Signatory's Phone Number: 816-983-8000

Mailing Address:    WILLIAM B. KIRCHER
   HUSCH BLACKWELL LLP
   
   4801 MAIN STREET, SUITE 1000
   KANSAS CITY, Missouri
Mailing Address:    William B. Kircher
   Husch Blackwell LLP
   4801 Main Street, Suite 1000
   Kansas City, Missouri 64112
        
Serial Number: 88585491
Internet Transmission Date: Fri Feb 07 17:23:31 EST 2020
TEAS Stamp: USPTO/RSI-XX.XX.XXX.XX-20200207172331428
363-88585491-70097f25c48a9e226e16965a4e6
9dd9c99bae3de255ec0ca79d3b625c4453a3f8-N
/A-N/A-20200206163506441683