Request to Divide

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

---

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

Request to Divide Application

To the Commissioner for Trademarks:

The following is submitted for application serial number: 88521365

FORM TEXT:

The Applicant filed the instant application July 18, 2020 for services identified in Classes 35 and 36. In the Office Action issued October 29, 2019, registration was refused for the services in Class 35 in that the specimen filed with the application allegedly did not show use in commerce of the mark in Class 35.  This refusal was not applied to the services identified in Class 36; accordingly, Applicant presumes that the specimen filed for Class 36 remains acceptable. 

While the Applicant respectfully disagrees with the refusal of the originally-filed specimen as showing use in commerce for the mark in Class 35, Applicant is filing this Request to Divide in order to divide out Class 36 in its entirety. As there are no outstanding issues regarding Class 36, it is respectfully requested that such divided-out Class 36 “child” application be passed to publication. Regarding the instant, i.e., “parent,” application, wherein the Class 35 services remain in their entirety, Applicant is concurrently filing herewith a response to the Office Action issued October 29, 2019, and such response includes a request to amend the filing basis of the parent application to intent to use under Section 1(b).

ALPS Corporation, having an address of
      The Florence Building, Suite 600
      111 North Higgins Ave
      Missoula, Montana 59802
      United States
       Email Address: XXXX

The owner's/holder's current attorney information: Thomas W. Epting. Thomas W. Epting of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2 WEST WASHINGTON STREET, SUITE 1100
      GREENVILLE, South Carolina 29601
      United States
The docket/reference number is 270140.00035.

The phone number is 864-751-7653.

The fax number is 864-751-7800.

The email address is tepting@foxrothschild.com

The owner's/holder's proposed attorney information: Thomas W. Epting. Thomas W. Epting of FOX ROTHSCHILD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2 WEST WASHINGTON STREET, SUITE 1100
      GREENVILLE, South Carolina 29601
      United States
The docket/reference number is 270140.00035.

The phone number is 864-751-7653.

The fax number is 864-751-7800.

The email address is tepting@foxrothschild.com
Correspondence Information (current):
      Thomas W. Epting
      PRIMARY EMAIL FOR CORRESPONDENCE: tepting@foxrothschild.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket@foxrothschild.com; bballew@foxrothschild.com

The docket/reference number is 270140.00035.
Correspondence Information (proposed):
      Thomas W. Epting
      PRIMARY EMAIL FOR CORRESPONDENCE: tepting@foxrothschild.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocket@foxrothschild.com; bballew@foxrothschild.com

The docket/reference number is 270140.00035.

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).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Submission Signature
Signature: /Thomas W.Epting/     Date: 04/29/2020
Signatory's Name: Thomas W. Epting
Signatory's Position: Attorney of record, South Carolina Bar member
Signatory's Phone Number: 864-751-7653

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:    Thomas W. Epting
   FOX ROTHSCHILD LLP
   
   2 WEST WASHINGTON STREET, SUITE 1100
   GREENVILLE, South Carolina 29601
Mailing Address:    Thomas W. Epting
   FOX ROTHSCHILD LLP
   
   2 WEST WASHINGTON STREET, SUITE 1100
   GREENVILLE, South Carolina 29601
        
RAM Sale Number: 02051504
RAM Accounting Date: 04/29/2020
        
Serial Number: 88521365
Internet Transmission Date: Wed Apr 29 16:02:06 ET 2020
TEAS Stamp: USPTO/RTD-XX.XXX.XXX.XXX-202004291602069
19219-88521365-20200429154947911023-CC-0
2051504-20200429154947911023