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. 88959516 PODIUM(Standard Characters, see http://uspto.report/TM/88959516/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Audio books in the field of fiction and non-fiction
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 07/31/2012 and first used in commerce at least as early as 07/31/2012 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Audio books in the field of fiction and non-fiction; Audio books in the fields of fiction, namely, fantasy, science fiction, romance and literary role playing gamesClass 009 for Audio books in the fields of fiction, namely, fantasy, science fiction, romance and literary role playing games
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 07/31/2012 and first used in commerce at least as early as 07/31/2012 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 041 for Publishing of audio books, Production of podcasts, Audio drama for the production of audio books
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 07/31/2012 and first used in commerce at least as early as 07/31/2012 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Publishing of audio books, Production of podcasts, Audio drama for the production of audio books; Publishing of audio books; entertainment services, namely, providing audio dramas in the field of science fiction booksClass 041 for Publishing of audio books; entertainment services, namely, providing audio dramas in the field of science fiction books
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 07/31/2012 and first used in commerce at least as early as 07/31/2012 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Lynn E. Rzonca
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@ballardspahr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rzoncal@ballardspahr.com; tupjak@ballardspahr.com; hargensm@ballardspahr.com

The docket/reference number is 00317155.
Correspondence Information (proposed):
      Lynn E. Rzonca
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@ballardspahr.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rzoncal@ballardspahr.com; tupjak@ballardspahr.com; hargensm@ballardspahr.com

The docket/reference number is 00317155.

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: /Kristel Tupja/     Date: 02/03/2021
Signatory's Name: Kristel Tupja
Signatory's Position: Associate Attorney of Ballard Spahr LLP, PA Bar Member

Signatory's Phone Number: 215-864-8318 Signature method: Sent to third party for signature

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:    Lynn E. Rzonca
   BALLARD SPAHR LLP
   
   1735 MARKET STREET, 51ST FLOOR
   PHILADELPHIA, Pennsylvania 19103-7599
Mailing Address:    Lynn E. Rzonca
   BALLARD SPAHR LLP
   1735 MARKET STREET, 51ST FLOOR
   PHILADELPHIA, Pennsylvania 19103-7599
        
Serial Number: 88959516
Internet Transmission Date: Wed Feb 03 12:10:20 ET 2021
TEAS Stamp: USPTO/RFR-XXX.XX.XX.XX-20210203121020480
830-88959516-760189e5b40554d25fbfc377238
c5ad999942f4d65b1dd7184ff492bfaa9ca97b-N
/A-N/A-20210203104756231923