Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88018423 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/88018423/large |
LITERAL ELEMENT |
LUNAGUARD |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
Applicant has limited the channels of trade to online and retail stores only to further distinguish the goods covered by Applicant's Mark from the
services covered by the Cited Mark. Applicant respectfully requests that the application be allowed to proceed to publication. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Cleaning sprays for mouth guards |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Cleaning sprays for mouth guards; Cleaning sprays for mouth guards,
sold online and through retail stores and not through dentist offices |
FINAL DESCRIPTION |
Cleaning sprays for mouth guards, sold online and through retail stores and not through dentist offices |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(current) |
INTERNATIONAL CLASS |
010 |
DESCRIPTION |
Mouth guards for medical purposes |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(proposed) |
INTERNATIONAL CLASS |
010 |
TRACKED TEXT DESCRIPTION |
Mouth guards for medical purposes; Mouth guards for medical
purposes, sold online and through retail stores and not through dentist offices |
FINAL DESCRIPTION |
Mouth guards for medical purposes, sold online and through retail stores and not through dentist offices |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/angela alvarez sujek/ |
SIGNATORY'S NAME |
Angela Alvarez Sujek |
SIGNATORY'S POSITION |
Attorney of record, Michigan bar member |
SIGNATORY'S PHONE NUMBER |
734-418-4212 |
DATE SIGNED |
05/29/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed May 29 16:36:54 EDT 2019 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XX.XXX-2
0190529163654694123-88018
423-6203f97c5bac3fec4c571
cacfb7cfaa839c7e9eafbe0ec
8bee99649edb064358c-N/A-N
/A-20190529132411026166 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88018423 LUNAGUARD (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88018423/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has limited the channels of trade to online and retail stores only to further distinguish the goods covered by Applicant's Mark from the services covered by the Cited Mark. Applicant
respectfully requests that the application be allowed to proceed to publication.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cleaning sprays for mouth guards
Original Filing Basis:
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.
Proposed:
Tracked Text Description: Cleaning sprays for mouth guards;
Cleaning sprays for mouth guards, sold online and through retail
stores and not through dentist officesClass 003 for Cleaning sprays for mouth guards, sold online and through retail stores and not through dentist offices
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Mouth guards for medical purposes
Original Filing Basis:
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.
Proposed:
Tracked Text Description: Mouth guards for medical purposes;
Mouth guards for medical purposes, sold online and through
retail stores and not through dentist officesClass 010 for Mouth guards for medical purposes, sold online and through retail stores and not through dentist offices
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.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /angela alvarez sujek/ Date: 05/29/2019
Signatory's Name: Angela Alvarez Sujek
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 734-418-4212
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent 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.
Serial Number: 88018423
Internet Transmission Date: Wed May 29 16:36:54 EDT 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2019052916365469
4123-88018423-6203f97c5bac3fec4c571cacfb
7cfaa839c7e9eafbe0ec8bee99649edb064358c-
N/A-N/A-20190529132411026166