Request for Reinstatement Received

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0061 (Exp 09/30/2021)

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PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0061 (Exp 09/30/2021)

Request for Reinstatement

To the Commissioner for Trademarks:

The following is submitted for application serial number: 88824557

FORM TEXT:

On May 21, 2020 USPTO issued a "Office Action (Official Letter) About Applicant’s Trademark Application",  http://tsdr.gov.uspto.report/documentviewer?caseId=sn88824557&docId=OOA20200521#docIndex=1&page=1&tdrlink= .  It said, "Applicant must clarify whether color is a feature of the mark because, although the drawing shows the mark in color, the application does not state whether color is a feature of the mark.”   This was incorrect.  The mark was simply the letters MDRX.  The reviewer was apparently confused because the sample submitted to prove use of the mark in commerce was a stylized, colored “MDRX”.  The mark was never intended to be limited by the sample.

/Jared M. Mason/  Trademark Examining Attorney

I read the letter your email forwarded to me, found at http://tsdr.gov.uspto.report/documentviewer?caseId=sn88824557&docId=OOA20200521#docIndex=0&page=1&tdrlink=

I thought the original application explained things.  The trademark consists of the consecutive letters "mdrx".  It is independent of the font color, style, size, caps/lower case etc. used.  The intent is to cover MDRX, mdrx, MDRx, etc. in any and all forms.  The reason for including the stylized, color MDRX in the initial application was not to limit the trademark but to provide an example of it actually being used in commerce.  If you would be so kind as to suggest how to word this in acceptable language, I will amend the application accordingly.


The original application was completed correctly.  It was USPTO’s original error in misconstruing the sample as a limitation on the mark, as described, that precipitated what followed.  



FORM FILE NAME(S):

Form File1

REASON FOR REINSTATEMENT
I am requesting reinstatement of my application. I have attached other evidence, or factual information supported by a declaration demonstrating Office error in abandoning the application.The owner proposes to amend the following:
Current: Desert Leasing & Licensing LLC, having an address of
      1995 W Alexander Street
      West Valley City, Utah 84119
      United States
      Phone: 801-975-7272
      Email Address: XXXX

Proposed: Desert Leasing & Licensing LLC, having an address of
      1995 W Alexander Street
      West Valley City, Utah 84119
      United States
      Phone: 801-975-7272
      Email Address: XXXX

The owner's/holder's current attorney information: F. Mark Hansen. F. Mark Hansen of F. MARK HANSEN, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      431 NORTH 1300 WEST
      SALT LAKE CITY, Utah 84116
      United States

The phone number is 801-517-3530.

The email address is fmhlaw@comcast.net

The owner's/holder's proposed attorney information: F. Mark Hansen. F. Mark Hansen of F. MARK HANSEN, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      431 NORTH 1300 WEST
      SALT LAKE CITY, Utah 84116
      United States

The phone number is 801-517-3530.

The email address is fmhlaw@comcast.net
Correspondence Information (current):
      F. Mark Hansen
      PRIMARY EMAIL FOR CORRESPONDENCE: fmhlaw@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      F. Mark Hansen
      PRIMARY EMAIL FOR CORRESPONDENCE: fmhlaw@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant 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
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /F. Mark Hansen/      Date: 12/15/2020
Signatory's Name: F. Mark Hansen
Signatory's Position: attorney of record
Signatory's Phone Number: 801-517-3530

Submission Signature
Signature: /F. Mark Hansen/     Date: 12/15/2020
Signatory's Name: F. Mark Hansen
Signatory's Position: attorney of record
Signatory's Phone Number: 801-517-3530

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:    F. Mark Hansen
   F. MARK HANSEN, P.C.
   
   431 NORTH 1300 WEST
   SALT LAKE CITY, Utah 84116
Mailing Address:    F. Mark Hansen
   F. MARK HANSEN, P.C.
   
   431 NORTH 1300 WEST
   SALT LAKE CITY, Utah 84116
        
Serial Number: 88824557
Internet Transmission Date: Tue Dec 15 12:30:38 ET 2020
TEAS Stamp: USPTO/RRI-XXXX:XXX:XXXX:XXX:XXXX:XXXX:XX
XX:XXXX-20201215123038386083-88824557-20
201215114941577352-N/A-N/A-2020121511494
1577352