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

---

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. 88942469 GET USED TO DIFFERENT(Standard Characters, see http://uspto.report/TM/88942469/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Prerecorded DVDs and video discs featuring stories based on the life of Jesus Christ; Downloadable software for enabling users to access streamed audiovisual and multimedia content via the Internet and wireless communications networks, in the field of stories based on the life of Jesus Christ and other content relating to Jesus Christ; Downloadable software for enabling users to access streamed audiovisual content and multimedia content to mobile digital electronic devices, in the field of stories based on the life of Jesus Christ and other content relating to Jesus Christ
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 12/09/2019 and first used in commerce at least as early as 12/09/2019 , and is now in use in such commerce.


Proposed:
Class 009 for Prerecorded DVDs and video discs featuring stories based on the life of Jesus Christ; Downloadable software for enabling users to access streamed audiovisual and multimedia content via the Internet and wireless communications networks, in the field of stories based on the life of Jesus Christ and other content relating to Jesus Christ; Downloadable software for enabling users to access streamed audiovisual content and multimedia content to mobile digital electronic devices, in the field of stories based on the life of Jesus Christ and other content relating to Jesus Christ
Deleted Filing Basis: 1(a)
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


Applicant proposes to amend the following:

Current:
Class 038 for Streaming, transmission, and delivery of audiovisual and multimedia content via the Internet and wireless communications networks featuring stories based on the life of Jesus Christ and other content relating to Jesus Christ; video-on-demand transmission services featuring stories based on the life of Jesus Christ and other content relating to Jesus Christ
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 03/26/2019 and first used in commerce at least as early as 03/26/2019 , and is now in use in such commerce.


Proposed:
Class 038 for Streaming, transmission, and delivery of audiovisual and multimedia content via the Internet and wireless communications networks featuring stories based on the life of Jesus Christ and other content relating to Jesus Christ; video-on-demand transmission services featuring stories based on the life of Jesus Christ and other content relating to Jesus Christ
Deleted Filing Basis: 1(a)
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

Correspondence Information (current):
      Gregory M. Hess
      PRIMARY EMAIL FOR CORRESPONDENCE: ghess@parrbrown.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): calendar@parrbrown.com
Correspondence Information (proposed):
      Gregory M. Hess
      PRIMARY EMAIL FOR CORRESPONDENCE: ghess@parrbrown.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): calendar@parrbrown.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: /Gregory M. Hess/      Date: 06/10/2021
Signatory's Name: Gregory M. Hess
Signatory's Position: Attorney of record
Signatory's Phone Number: 8015327840

Signature method: Signed directly within the form

Request for Reconsideration Signature
Signature: /Gregory M. Hess/     Date: 06/10/2021
Signatory's Name: Gregory M. Hess
Signatory's Position: Attorney of record

Signatory's Phone Number: 8015327840 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:    Gregory M. Hess
   PARR BROWN GEE & LOVELESS, P.C.
   
   101 S. 200 E., SUITE 700
   SALT LAKE CITY, Utah 84111
Mailing Address:    Gregory M. Hess
   PARR BROWN GEE & LOVELESS, P.C.
   101 S. 200 E., SUITE 700
   SALT LAKE CITY, Utah 84111
        
Serial Number: 88942469
Internet Transmission Date: Thu Jun 10 15:07:31 ET 2021
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.XXX-202106101507317
76986-88942469-7807f653bd5a3a719812e5c73
e608692c351f468b8d971c16aae3af827b752530
-N/A-N/A-20210610150337253529