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. 88801154 NIGHTCAP(Standard Characters, see http://uspto.report/TM/88801154/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Paper or cardboard sold empty for packaging smokable herbs
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: Paper or cardboard sold empty for packaging smokable herbs; Paper and cardboard containers sold empty for packaging smokable herbs.Class 016 for Paper and cardboard containers sold empty for packaging smokable herbs.
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):
      Linda R. Judge
      PRIMARY EMAIL FOR CORRESPONDENCE: ljudge@wakeuplegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dean@perfect-blends.com
Correspondence Information (proposed):
      Linda R. Judge
      PRIMARY EMAIL FOR CORRESPONDENCE: ljudge@wakeuplegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dean@perfect-blends.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: /Linda R. Judge/     Date: 09/10/2020
Signatory's Name: Linda R. Judge
Signatory's Position: IP Attorney

Signatory's Phone Number: 650-678-3450

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:    Linda R. Judge
   WAKEUP LEGAL
   
   P.O. BOX 1203
   REDWOOD CITY, California 94064
Mailing Address:    Linda R. Judge
   WAKEUP LEGAL
   P.O. BOX 1203
   REDWOOD CITY, California 94064
        
Serial Number: 88801154
Internet Transmission Date: Thu Sep 10 19:40:20 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200910194020393797-88801154-7
506f1e292c5ecf416948e52d51b9d9d7ac436d93
1f6cf2c67110365a676fbaa3-N/A-N/A-2020091
0193646604985