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. 88674356 AURA(Standard Characters, see http://uspto.report/TM/88674356/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: the actual argument text and the exhibits thereto
Original PDF file:
evi_26033018462000249a41e 6e033e46d-202008201300369 48914_._quest_for_Reconsi deration_to_Likelihood_of _Confusion_Refusal.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_26033018462000249a41e 6e033e46d-202008201300369 48914_._ibit_A_-_https___ auraglow.com_products_tee th-whitening-light.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_26033018462000249a41e 6e033e46d-202008201300369 48914_._om_Therapy-Spectr um-Bright-Adjustable-Warr anty_dp_B01IAEV13W.pdf
Converted PDF file(s) ( 8 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 010 for Dental apparatus, namely, teeth whitening light, namely, a LED (Light-emitting diode) light source for oral use for medical and cosmetic purposes
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: Dental apparatus, namely, teeth whitening light, namely, a LED (Light-emitting diode) light source for oral use for medical and cosmetic purposes; Dental apparatus, namely, teeth whitening light, namely, a LED (Light-emitting diode) light source for oral use for cosmetic purposes; none of the foregoing for bright light medical therapy purposesClass 010 for Dental apparatus, namely, teeth whitening light, namely, a LED (Light-emitting diode) light source for oral use for cosmetic purposes; none of the foregoing for bright light medical therapy purposes
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):
      Randy Michels
      PRIMARY EMAIL FOR CORRESPONDENCE: randy@trust-tree.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@trust-tree.com
Correspondence Information (proposed):
      Randy Michels
      PRIMARY EMAIL FOR CORRESPONDENCE: randy@trust-tree.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@trust-tree.com

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)
Request for Reconsideration Signature
Signature: /JRM/     Date: 08/20/2020
Signatory's Name: Randy Michels
Signatory's Position: Attorney of record, Tennessee bar member

Signatory's Phone Number: 6154690438

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:    Randy Michels
   TRUST TREE LEGAL, P.C.
   
   798 BERRY ROAD #41400
   NASHVILLE, Tennessee 37204
Mailing Address:    Randy Michels
   TRUST TREE LEGAL, P.C.
   798 BERRY ROAD #41400
   NASHVILLE, Tennessee 37204
        
Serial Number: 88674356
Internet Transmission Date: Thu Aug 20 13:04:58 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200820130458490062-88674356-74
03ed0301a4f77104e574b8dcca1a03a90cda1e5b
f40daa8fd428fe173989dd7a2-N/A-N/A-202008
20130036948914