TEAS Request Reconsideration after FOA

REMEDY

Remedy Films, LLC

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

Request for Reconsideration after Final Action

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	88706851
LAW OFFICE ASSIGNED	LAW OFFICE 114
MARK SECTION
MARK	mark
LITERAL ELEMENT	REMEDY
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.
ARGUMENT(S)
Applicant, while respectfully disagreeing with the decision by the Examining Attorney to maintain the partial 2(d) refusal of registration for certain services in Class 35, submits this Response to Final Office Action/Request for Reconsideration after Final Action, seeking registration based upon the modifications to the services set out herein, consistent with the Examining Attorney's findings. Specifically: (1) Applicant amends the services listed in Class 35 by removing "Development of advertising campaigns for television, print media and web pages via production of video content; Post-Production editing services for video and audio commercials" and requests registration for the services "Video production services in the field of employment recruiting" in Class 35. (2) Applicant has modified the listing of the services in Class 41, simply by changing the order of the listed services. No substantive changes have been made to the listed services, which have been previously accepted by the Examining Attorney. (3) The office address of counsel for Applicant has changed, and the Applicant has reflected said change in this Response. Based upon the foregoing modifications to services listed in Class 35, all in accordance with the Examining Attorney's findings, Applicant respectfully requests that this Application be accepted and proceed to publication for opposition in the ordinary course. This 27th day of May, 2020 Michael A. Penn Attorney for Applicant
GOODS AND/OR SERVICES SECTION (035) (current)
INTERNATIONAL CLASS	035
DESCRIPTION
Development of advertising campaigns for television, print media and web pages via production of video and audio content; Video production services in the field of employment recruiting; Post-production editing services for video and audio commercials
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 09/01/2007
FIRST USE IN COMMERCE DATE	At least as early as 09/01/2007
GOODS AND/OR SERVICES SECTION (035) (proposed)
INTERNATIONAL CLASS	035
TRACKED TEXT DESCRIPTION
~~Development of advertising campaigns for television, print media and web pages via production of video and audio content~~; Video production services in the field of employment recruiting; ~~Post-production editing services for video and audio commercials~~
FINAL DESCRIPTION
Video production services in the field of employment recruiting
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 09/01/2007
FIRST USE IN COMMERCE DATE	At least as early as 09/01/2007
WEBPAGE URL	None Provided
WEBPAGE DATE OF ACCESS	None Provided
GOODS AND/OR SERVICES SECTION (041) (current)
INTERNATIONAL CLASS	041
DESCRIPTION
Photography; Photography services; Rental of video equipment; Rental services for audio and video equipment; Video production services; Charitable services, namely, providing facilities and equipment for video production; Film and video production
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 09/01/2007
FIRST USE IN COMMERCE DATE	At least as early as 09/01/2007
GOODS AND/OR SERVICES SECTION (041) (proposed)
INTERNATIONAL CLASS	041
TRACKED TEXT DESCRIPTION
Film and video production; Video production services; Photography; Photography services; Rental of video equipment; Rental services for audio and video equipment; Charitable services, namely, providing facilities and equipment for video production
FINAL DESCRIPTION
Film and video production; Video production services; Photography; Photography services; Rental of video equipment; Rental services for audio and video equipment; Charitable services, namely, providing facilities and equipment for video production;
FILING BASIS	Section 1(a)
FIRST USE ANYWHERE DATE	At least as early as 09/01/2007
FIRST USE IN COMMERCE DATE	At least as early as 09/01/2007
WEBPAGE URL	None Provided
WEBPAGE DATE OF ACCESS	None Provided
ATTORNEY INFORMATION (current)
NAME	Michael A. Penn
ATTORNEY BAR MEMBERSHIP NUMBER	XXX
YEAR OF ADMISSION	XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY	XX
FIRM NAME	BRISKIN, CROSS & SANFORD, LLC
INTERNAL ADDRESS	SUITE D
STREET	1001 CAMBRIDGE SQUARE
CITY	ALPHARETTA
STATE	Georgia
POSTAL CODE	30009
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	United States
PHONE	770-410-1555
EMAIL	mpenn@briskinlaw.com
DOCKET/REFERENCE NUMBER	35636-100
ATTORNEY INFORMATION (proposed)
NAME	Michael A. Penn
ATTORNEY BAR MEMBERSHIP NUMBER	XXX
YEAR OF ADMISSION	XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY	XX
FIRM NAME	BRISKIN, CROSS & SANFORD, LLC
INTERNAL ADDRESS	SUITE 300
STREET	33 South Main Street
CITY	ALPHARETTA
STATE	Georgia
POSTAL CODE	30009
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY	United States
PHONE	770-410-1555
EMAIL	mpenn@briskinlaw.com
DOCKET/REFERENCE NUMBER	35636-100
CORRESPONDENCE INFORMATION (current)
NAME	Michael A. Penn
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE	mpenn@briskinlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)	tm@briskinlaw.com
DOCKET/REFERENCE NUMBER	35636-100
CORRESPONDENCE INFORMATION (proposed)
NAME	Michael A. Penn
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE	mpenn@briskinlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)	tm@briskinlaw.com
DOCKET/REFERENCE NUMBER	35636-100
SIGNATURE SECTION
RESPONSE SIGNATURE	/Michael A. Penn/
SIGNATORY'S NAME	Michael A. Penn
SIGNATORY'S POSITION	Attorney of Record, Georgia State Bar member
SIGNATORY'S PHONE NUMBER	770-410-1555
DATE SIGNED	05/27/2021
ROLE OF AUTHORIZED SIGNATORY	Authorized U.S.-Licensed Attorney
SIGNATURE METHOD	Signed directly within the form
CONCURRENT APPEAL NOTICE FILED	NO
FILING INFORMATION SECTION
SUBMIT DATE	Thu May 27 17:55:04 ET 2021
TEAS STAMP	USPTO/RFR-XXX.XX.XXX.XX-2 0210527175504884436-88706 851-7802a879ecfeab857b4f7 f71fc06e5ddd60e898e4590a2 f6a4c7953933b632cb4b-N/A- N/A-20210527173636339121

PTO- 1960

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88706851 REMEDY(Standard Characters, see http://uspto.report/TM/88706851/mark.png) has been amended as follows:

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

Applicant, while respectfully disagreeing with the decision by the Examining Attorney to maintain the partial 2(d) refusal of registration for certain services in Class 35, submits this Response to Final Office Action/Request for Reconsideration after Final Action, seeking registration based upon the modifications to the services set out herein, consistent with the Examining Attorney's findings. Specifically:

(1) Applicant amends the services listed in Class 35 by removing "Development of advertising campaigns for television, print media and web pages via production of video content; Post-Production editing services for video and audio commercials" and requests registration for the services "Video production services in the field of employment recruiting" in Class 35.

(2) Applicant has modified the listing of the services in Class 41, simply by changing the order of the listed services. No substantive changes have been made to the listed services, which have been previously accepted by the Examining Attorney.

(3) The office address of counsel for Applicant has changed, and the Applicant has reflected said change in this Response.

Based upon the foregoing modifications to services listed in Class 35, all in accordance with the Examining Attorney's findings, Applicant respectfully requests that this Application be accepted and proceed to publication for opposition in the ordinary course.

This 27th day of May, 2020

Michael A. Penn

Attorney for Applicant

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Development of advertising campaigns for television, print media and web pages via production of video and audio content; Video production services in the field of employment recruiting; Post-production editing services for video and audio commercials
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 09/01/2007 and first used in commerce at least as early as 09/01/2007 , and is now in use in such commerce.

Proposed:

Tracked Text Description: ~~Development of advertising campaigns for television, print media and web pages via production of video and audio content~~; Video production services in the field of employment recruiting; ~~Post-production editing services for video and audio commercials~~Class 035 for Video production services in the field of employment recruiting
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 09/01/2007 and first used in commerce at least as early as 09/01/2007 , and is now in use in such commerce.

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

Applicant proposes to amend the following:

Current:
Class 041 for Photography; Photography services; Rental of video equipment; Rental services for audio and video equipment; Video production services; Charitable services, namely, providing facilities and equipment for video production; Film and video production
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 09/01/2007 and first used in commerce at least as early as 09/01/2007 , and is now in use in such commerce.

Proposed:

Tracked Text Description: Film and video production; Video production services; Photography; Photography services; Rental of video equipment; Rental services for audio and video equipment; Charitable services, namely, providing facilities and equipment for video productionClass 041 for Film and video production; Video production services; Photography; Photography services; Rental of video equipment; Rental services for audio and video equipment; Charitable services, namely, providing facilities and equipment for video production;
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 09/01/2007 and first used in commerce at least as early as 09/01/2007 , and is now in use in such commerce.

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

The owner's/holder's current attorney information: Michael A. Penn. Michael A. Penn of BRISKIN, CROSS & SANFORD, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE D
      1001 CAMBRIDGE SQUARE
      ALPHARETTA, Georgia 30009
      United States
The docket/reference number is 35636-100.
      The phone number is 770-410-1555.
      The email address is mpenn@briskinlaw.com

The owner's/holder's proposed attorney information: Michael A. Penn. Michael A. Penn of BRISKIN, CROSS & SANFORD, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 300
      33 South Main Street
      ALPHARETTA, Georgia 30009
      United States
The docket/reference number is 35636-100.
      The phone number is 770-410-1555.
      The email address is mpenn@briskinlaw.com

Michael A. Penn 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.Correspondence Information (current):
      Michael A. Penn
      PRIMARY EMAIL FOR CORRESPONDENCE: mpenn@briskinlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm@briskinlaw.com

The docket/reference number is 35636-100.
Correspondence Information (proposed):
      Michael A. Penn
      PRIMARY EMAIL FOR CORRESPONDENCE: mpenn@briskinlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm@briskinlaw.com

The docket/reference number is 35636-100.

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: /Michael A. Penn/     Date: 05/27/2021
Signatory's Name: Michael A. Penn
Signatory's Position: Attorney of Record, Georgia State Bar member

Signatory's Phone Number: 770-410-1555 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:    Michael A. Penn
   BRISKIN, CROSS & SANFORD, LLC
   SUITE D
   1001 CAMBRIDGE SQUARE
   ALPHARETTA, Georgia 30009
Mailing Address:    Michael A. Penn
   BRISKIN, CROSS & SANFORD, LLC
   SUITE 300
   33 South Main Street
   ALPHARETTA, Georgia 30009

Serial Number: 88706851
Internet Transmission Date: Thu May 27 17:55:04 ET 2021
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XX-2021052717550488
4436-88706851-7802a879ecfeab857b4f7f71fc
06e5ddd60e898e4590a2f6a4c7953933b632cb4b
-N/A-N/A-20210527173636339121