| 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.
| 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
To the Commissioner for Trademarks:
Application serial no.
88809632 NAILART (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8880963 2/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Printers for printing images, designs and drawing patterns on surfaces of nails or artificial nails for consumer use; downloadable computer software for controlling printers; printer
cables; measuring or testing machines and instruments for printers for printing images, designs and drawing patterns; electrical cells and batteries; downloadable image files containing images,
designs and drawing patterns to be printed on surfaces of nails or artificial nails; downloadable music files
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.
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 6309898 registered 10/29/2020 with
a renewal date of __________ and an expiration date of 10/29/2030 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Printers for printing images, designs and drawing patterns on surfaces of nails or artificial nails for consumer use;
Digital color printers for printing images, designs and drawing patterns on surfaces of fingernails or artificial fingernails for consumer use;
downloadable computer software for controlling printers;
downloadable computer software for use in controlling printers;
printer cables;
measuring or testing machines and instruments for printers for printing images, designs and drawing patterns;
electrical cells and batteries;
downloadable image files containing images, designs and drawing patterns to be printed on surfaces of fingernails or
artificial fingernails;
downloadable image files containing images, designs and drawing patterns to be printed on surfaces of nails or artificial nails;
downloadable music filesClass 009 for Digital color printers for printing images, designs and drawing patterns on surfaces of fingernails or artificial fingernails for
consumer use; downloadable computer software for use in controlling printers; printer cables; electrical cells and batteries; downloadable image files containing images, designs and drawing patterns
to be printed on surfaces of fingernails or artificial fingernails; downloadable music files
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6309898 registered 10/29/2020 with a
renewal date of __________ and an expiration date of 10/29/2030 ], and translation thereof, if appropriate, before the application may proceed to registration.
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.
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 on or 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 or services that meet the certification standards of the applicant.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use NAILART apart from the mark as shown.
Miscellaneous Statement
Original PDF file:
mis-3810417310-2021052609
5800574377_._8809632__Req uest_for_Rconsidedaration _to_Final_Office_Action.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
Correspondence Information (current):
Max Vern
PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 35968/1331.
Correspondence Information (proposed):
Max Vern
PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sfujimori@arelaw.com
The docket/reference number is 35968/1331.
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: /Suzue Fujimori/ Date: 05/26/2021
Signatory's Name: Suzue Fujimori
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-336-8000 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: Max Vern
AMSTER, ROTHSTEIN & EBENSTEIN LLP
90 PARK AVENUE
NEW YORK, New York 10016
Mailing Address: Max Vern
AMSTER, ROTHSTEIN & EBENSTEIN LLP
90 PARK AVENUE
NEW YORK, New York 10016
Serial Number: 88809632
Internet Transmission Date: Wed May 26 10:16:20 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2021052610162083
1879-88809632-780f2b319ba1d393040ec7bd5f
0f49598a0d8f54870c2cae31ebb9de21c36412-N
/A-N/A-20210526095800574377
