TEAS Request Reconsideration after FOA

HRL ADDITIVE

HRL Laboratories, LLC

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 09/30/2020)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88801655
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88801655/mark.png
LITERAL ELEMENT HRL ADDITIVE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the letters "HRL" in a stylized format where the right side of the "H" and the left side of the "R" share elements of each individual letter to make both letters. There is a perpendicular line after "HRL" followed by the word "ADDITIVE" in slightly smaller letters.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 006
DESCRIPTION
Additive manufacturing materials, namely, metal in powder form for use in 3D printing
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 09/01/2019
        FIRST USE IN COMMERCE DATE At least as early as 09/01/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 006
DESCRIPTION
Additive manufacturing materials, namely, metal in powder form for use in 3D printing
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 09/01/2019
       FIRST USE IN COMMERCE DATE At least as early as 09/01/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, 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, or originally submitted, 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]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The substitute specimens submitted on May 14, 2020 were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.
CORRESPONDENCE INFORMATION (current)
NAME Harold K Kyle
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mel@hkylelaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) hal@hkylelaw.com
CORRESPONDENCE INFORMATION (proposed)
NAME Harold K Kyle
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE mel@hkylelaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) hal@hkylelaw.com
SIGNATURE SECTION
DECLARATION SIGNATURE /hkk/
SIGNATORY'S NAME Harold K Kyle
SIGNATORY'S POSITION Attorney of record, California Bar
SIGNATORY'S PHONE NUMBER 805-377-8205
DATE SIGNED 10/19/2020
RESPONSE SIGNATURE /hkk/
SIGNATORY'S NAME Harold K. Kyle
SIGNATORY'S POSITION Attorney of Record, California bar member
SIGNATORY'S PHONE NUMBER 805-377-8205
DATE SIGNED 10/19/2020
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Mon Oct 19 15:27:40 ET 2020
TEAS STAMP USPTO/RFR-XXX.XXX.XXX.XXX
-20201019152740034539-888
01655-7503dd07d4350ebe3a2
6cfe2f4aac6a7695d532a1464
ca77b14c273beecbc10f1-N/A
-N/A-20201019151421697558



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 09/30/2020)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 88801655 HRL ADDITIVE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8880165 5/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 006 for Additive manufacturing materials, namely, metal in powder form for use in 3D printing
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 09/01/2019 and first used in commerce at least as early as 09/01/2019 , and is now in use in such commerce.


Proposed:
Class 006 for Additive manufacturing materials, namely, metal in powder form for use in 3D printing
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 09/01/2019 and first used in commerce at least as early as 09/01/2019 , and is now in use in such commerce.

"The substitute (or new, or originally submitted, 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, or originally submitted, 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]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

ADDITIONAL STATEMENTS
Miscellaneous Statement
The substitute specimens submitted on May 14, 2020 were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.

Correspondence Information (current):
      Harold K Kyle
      PRIMARY EMAIL FOR CORRESPONDENCE: mel@hkylelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hal@hkylelaw.com
Correspondence Information (proposed):
      Harold K Kyle
      PRIMARY EMAIL FOR CORRESPONDENCE: mel@hkylelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hal@hkylelaw.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)
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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU 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 filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, 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 filing date of the application or AOU; 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: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, 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; 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 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.



Signature: /hkk/      Date: 10/19/2020
Signatory's Name: Harold K Kyle
Signatory's Position: Attorney of record, California Bar
Signatory's Phone Number: 805-377-8205


Request for Reconsideration Signature
Signature: /hkk/     Date: 10/19/2020
Signatory's Name: Harold K. Kyle
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 805-377-8205

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:    Harold K Kyle
   KYLE & ASSOCIATES
   
   1583 SPINNAKER DR STE 209
   VENTURA, California 93001
Mailing Address:    Harold K Kyle
   KYLE & ASSOCIATES
   1583 SPINNAKER DR STE 209
   VENTURA, California 93001
        
Serial Number: 88801655
Internet Transmission Date: Mon Oct 19 15:27:40 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20201019152740
034539-88801655-7503dd07d4350ebe3a26cfe2
f4aac6a7695d532a1464ca77b14c273beecbc10f
1-N/A-N/A-20201019151421697558



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