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
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`OWNER SECTION (current)
`
`NAME
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`OWNER SECTION (proposed)
`
`NAME
`
`STREET
`
`CITY
`
`STATE
`
`ZIP/POSTAL CODE
`
`COUNTRY
`
`EMAIL
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`87745135
`
`LAW OFFICE 108
`
`https://tmng-al.uspto.gov/resting2/api/img/87745135/large
`
`BATTER UP!
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Beckerman Family Bakery, LLC
`
`1255 NE 172 St.
`
`North Miami Beach
`
`Florida
`
`33162
`
`United States
`
`Beckerman Family Bakery, LLC
`
`1255 NE 172 St.
`
`North Miami Beach
`
`Florida
`
`33162
`
`United States
`
`trademarks@bwsmiplaw.com
`
`In response to the foregoing Office Action, the Applicant advises that it filed a Petition for Cancellation against U.S. Trademark Registration
`No. 4,558,440 (for BATTER UP BAKERY) on December 21, 2018. The registrant failed to timely respond to the petition and the Applicant
`subsequently submitted a Motion for Default Judgment on February 4, 2019. A true correct copy of the Trademark Trial and Appeal Board's
`March 4, 2019 decision granting Applicant's Motion for Default Judgment and ordering the cancellation of the BATTER UP BAKERY
`registration is attached. In view of the foregoing, the Applicant respectfully requests that the office withdraw its refusal in view of the
`BATTER UP BAKERY registration and approve this mark for publication.
`
`EVIDENCE SECTION
`
`        EVIDENCE FILE NAME(S)
`
`

`

`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (2 pages)
`
`evi_7141212190-20190312090159028659_._Board_Decision__030419_.pdf
`
`\\TICRS\EXPORT17\IMAGEOUT17\877\451\87745135\xml7\RFR0002.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT17\877\451\87745135\xml7\RFR0003.JPG
`
`DESCRIPTION OF EVIDENCE FILE
`
`TTAB Decision issued on March 4, 2019
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`CONCURRENT APPEAL NOTICE FILED
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`/Kevin W. Wimberly/
`
`Kevin W. Wimberly
`
`Attorney of record, Florida bar member
`
`407-926-7713
`
`03/12/2019
`
`YES
`
`NO
`
`Tue Mar 12 10:19:37 EDT 2019
`
`USPTO/RFR-XX.XX.XXX.XXX-2
`0190312101937537300-87745
`135-62099d7d09d9c8be34c45
`ef3fe2181f8824b1ee95b538b
`f796f40da635a44fa622-N/A-
`N/A-20190312090159028659
`
`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. 87745135 BATTER UP!(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87745135/large) has been
`amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`In response to the foregoing Office Action, the Applicant advises that it filed a Petition for Cancellation against U.S. Trademark Registration No.
`4,558,440 (for BATTER UP BAKERY) on December 21, 2018. The registrant failed to timely respond to the petition and the Applicant
`subsequently submitted a Motion for Default Judgment on February 4, 2019. A true correct copy of the Trademark Trial and Appeal Board's
`March 4, 2019 decision granting Applicant's Motion for Default Judgment and ordering the cancellation of the BATTER UP BAKERY
`registration is attached. In view of the foregoing, the Applicant respectfully requests that the office withdraw its refusal in view of the BATTER
`UP BAKERY registration and approve this mark for publication.
`
`EVIDENCE
`Evidence in the nature of TTAB Decision issued on March 4, 2019 has been attached.
`Original PDF file:
`evi_7141212190-20190312090159028659_._Board_Decision__030419_.pdf
`Converted PDF file(s) ( 2 pages)
`Evidence-1
`Evidence-2
`
`       
`

`

`APPLICANT AND/OR ENTITY INFORMATION
`Applicant proposes to amend the following:
`Current: Beckerman Family Bakery, LLC, a limited liability company legally organized under the laws of New York, having an address of
`      1255 NE 172 St.
`      North Miami Beach, Florida 33162
`      United States
`
`Proposed: Beckerman Family Bakery, LLC, a limited liability company legally organized under the laws of New York, having an address of
`      1255 NE 172 St.
`      North Miami Beach, Florida 33162
`      United States
`      trademarks@bwsmiplaw.com (not authorized)
`
`SIGNATURE(S)
`Request for Reconsideration Signature
`Signature: /Kevin W. Wimberly/     Date: 03/12/2019
`Signatory's Name: Kevin W. Wimberly
`Signatory's Position: Attorney of record, Florida bar member
`
`Signatory's Phone Number: 407-926-7713
`
`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: 87745135
`Internet Transmission Date: Tue Mar 12 10:19:37 EDT 2019
`TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2019031210193753
`7300-87745135-62099d7d09d9c8be34c45ef3fe
`2181f8824b1ee95b538bf796f40da635a44fa622
`-N/A-N/A-20190312090159028659
`
`        
`

`

`RA
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Trademark Trial and Appeal Board
`P.0. Box 1451
`
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`General Email: TTABInfoCéMsptogov
`
`March 4, 2019
`
`Cancellation No. 92070238
`
`Beckerman Family Bakery, LLC
`
`v.
`
`Jasmin T. Jordan
`
`By the Trademark Trial and Appeal Board:
`
`An answer to the petition to cancel was due on January 30, 2019. The record shows
`
`that an answer has not been filed.
`
`This case now comes up for consideration of Petitioner's motion, filed February 4,
`
`2019, for default judgment against Respondent for failure to file an answer. The
`
`motion is uncontested.1
`
`Inasmuch as Respondent failed to file an answer in this case, and failed to file a
`
`response to Petitioner's motion, the motion for default judgment is granted. See
`
`Trademark Rule 2.127(a).
`
`
`
`1 If a Respondent fails to file an answer to a complaint during the time allowed therefor, the
`Board, on its own initiative, may issue a notice of default allowing the Respondent time to
`show cause why default judgment should not be entered against it. The issue of whether
`default judgment should be entered against a Respondent for failure to file a timely answer
`may also be raised by means of a motion filed by the Petitioner. In such cases, the motion
`may serve as a substitute for the Board's issuance of a notice of default. See TBMP §312.0I.
`
`

`

`Cancellation No. 92070238
`
`Accordingly, judgment is hereby entered against Respondent, the petition for
`
`cancellation is granted, and Registration No_ 4558440 Will be cancelled in due course
`
`by the Commissioner for Trademarks. See Fed. R. Civ. P. 5500) and Trademark Rule
`
`2.127(a).
`
`