Post Publication Amendment

PTO- 1771

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- 1771

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

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88794238 EOS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8879423 8/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: EOS (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8879423 8/large)
Proposed: EOS (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the stylizd text "EOS", with the letter "O" comprising a stem and leaf design forming an almost complete circle.

EXPLANATION OF FILING
Explanation of filing: Applicant respectfully requests amendment of the trademark by deleting colors (aqua blue and green) as features of the mark. At the time of filing the application, the mark was intended to be used primarily in the colors identified in the application. Subsequently, Applicant began using the mark in several color variations, including all white as shown in the attached evidence. Accordingly, Applicant desires to have its application apply to all of the variations of the mark as it is being used. The proposed amendment is not a material alteration because the amended mark is exactly the same except that color will not be a feature of the mark. Thus the amended mark will still create the same commercial impression as the original color mark and the mark?s essential character remains unchanged. Accordingly, the Amendment does not materially alter the character of the mark and republication of the mark would not be required.

EVIDENCE

Evidence-1

ADDITIONAL STATEMENTS
Miscellaneous Statement
This Post-Notice of Allowance request to amend the mark (by withdrawing the color claim) is being submitted after after the filing of a statement of use. Applicant submits that this request is timely, and requests entry of the amendment.

Correspondence Information (current):
      Harold J Fassnacht
      PRIMARY EMAIL FOR CORRESPONDENCE: jfassnacht@millermatthiashull.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ynunez@vonbriesen.com

The docket/reference number is 70002BSPC337.
Correspondence Information (proposed):
      Harold J Fassnacht
      PRIMARY EMAIL FOR CORRESPONDENCE: jfassnacht@millermatthiashull.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ynunez@vonbriesen.com

The docket/reference number is 70002BSPC337.

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)

Signature: /Harold Fassnacht/     Date: 04/07/2021
Signatory's Name: Harold Fassnacht
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 3122354765 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.

Mailing Address:    Harold J Fassnacht
   MILLER MATTHIAS & HULL LLP
   SUITE 2350
   1 N. FRANKLIN ST
   CHICAGO, Illinois 60606
Mailing Address:    Harold J Fassnacht
   MILLER MATTHIAS & HULL LLP
   SUITE 2350
   1 N. FRANKLIN ST
   CHICAGO, Illinois 60606
        
Serial Number: 88794238
Internet Transmission Date: Wed Apr 07 14:53:31 ET 2021
TEAS Stamp: USPTO/PPA-XX.XX.XXX.XXX-2021040714533174
3707-88794238-77098dd1121b761a782851bf76
7cab468b92d5fe167ca9755a044b038a4662df9-
N/A-N/A-20210407144443073161