TEAS Request Reconsideration after FOA

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

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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. 88827152 PENCIL(Standard Characters, see http://uspto.report/TM/88827152/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant Pencil Learning Technologies, Inc. (?PLT?) respectfully submits this Response to the Final Office Action issued December 3, 2020 (the ?Office Action?) in connection with PLT?s pending application, Serial Number 88827152 (the ?Application?), seeking registration of the mark PENCIL (the ?Mark?). In the Office Action, the Examining Attorney refused registration based solely on a determination that there exists a likelihood of confusion between the Mark and the mark in U.S. registration number 4700443 (the ?443 Mark?). The 443 Mark should not be an impediment to the registration of PLT?s Application since it was canceled by the USPTO on January 29, 2021 (see the TSDR printout made on February 5, 2021 and attached hereto as Attachment A). Therefore, the refusal stated in the Office Action should be withdrawn so that a Notice of Allowance may be issued with respect to the Application.

EVIDENCE
Evidence has been attached: TSDR printout of US Registration 4700443 made on February 5, 2021
Original PDF file:
evi_15713117113-202102051 65222418522_._Attachment_ A.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Correspondence Information (current):
      Jacob Schwarz
      PRIMARY EMAIL FOR CORRESPONDENCE: jake@pacificcrestlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): connor@pacificcrestlaw.com
Correspondence Information (proposed):
      Jacob Schwarz
      PRIMARY EMAIL FOR CORRESPONDENCE: jake@pacificcrestlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): connor@pacificcrestlaw.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: /jacob schwarz/     Date: 02/05/2021
Signatory's Name: Jacob Schwarz
Signatory's Position: Attorney of Record
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:    Jacob Schwarz
   PACIFIC CREST LAW PARTNERS, LLP
   
   101A CLAY STREET, STE 123
   SAN FRANCISCO, California 94111
Mailing Address:    Jacob Schwarz
   PACIFIC CREST LAW PARTNERS, LLP
   101A CLAY STREET, STE 123
   SAN FRANCISCO, California 94111
        
Serial Number: 88827152
Internet Transmission Date: Fri Feb 05 16:57:31 ET 2021
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-202102051657313
32894-88827152-760b3162c495daa4ee25852db
8043d3a7369cf8a5d671d31efe366ab2617d306b
-N/A-N/A-20210205165222418522