ESTTA Tracking number:
`
`ESTTA1363376
`
`Filing date:
`
`06/06/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Ex Parte Appeal -
`Serial No.
`
`90521815
`
`Appellant
`
`Alvadore Holdings, Inc.
`
`Correspondence
`address
`
`Submission
`
`Attachments
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`STEPHANIE S. BUNTIN
`HOWARD & HOWARD ATTORNEYS PLLC
`450 WEST FOURTH STREET
`ROYAL OAK, MI 48067
`UNITED STATES
`Primary email: ipdocket@h2law.com
`Secondary email(s): dhb@h2law.com, ag@h2law.com
`702-257-1483
`
`Request for remand/amendment
`
`Motion to Request to Remand Application - 118681.00005.pdf(578396 bytes )
`
`Daniel H. Bliss
`
`IPdocket@h2law.com, dhb@h2law.com, ag@h2law.com, kjs@h2law.com
`
`/Daniel H. Bliss/
`
`06/06/2024
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Trademark of:
`
`
`
`Applicant:
`Serial No.
`Filing Date:
`Mark:
`
`Alvadore Holdings, Inc.
`90/521,815
`February 9, 2021
`MISCELLANEOUS DESIGN
`
`ALVADORE HOLDINGS, INC.,
`
`Applicant
`
`
`
`Ex Parte Appeal No. 90521815
`
`MOTION TO REQUEST TO REMAND APPLICATION
`
`TO THE COMMISSIONER OF PATENTS AND TRADEMARKS:
`
`Alvadore Holdings, Inc., (“Applicant”), through its attorneys, Howard & Howard
`
`Attorneys PLLC, submits the following Motion to Request to Remand the Application in the
`
`above-identified appeal:
`
`Please remand the application to the Examining Attorney for consideration of the verified
`
`substitute specimen in Exhibit 1.
`
`
`
`
`
`In re Trademark of:
`Applicant:
`Alvadore Holdings, Inc.
`Serial No.
`90/521,815 | Filing Date: February 9, 2021
`Mark:
`MISCELLANEOUS DESIGN
`Page 2 of 3
`
`Applicant, through its attorneys, has filed this motion to request to remand the present
`
`application. The Examining Attorney has maintained and continued the requirement for a verified
`
`acceptable specimen of use. Applicant respectfully traverses this requirement.
`
`In its previous motion, Applicant submitted a substitute specimen of use for Class 035.
`
`However, when the application was remanded to the Examining Attorney, no opportunity was
`
`given to Applicant to verify the substitute specimen through TEAS. As such, the Examining
`
`Attorney issued a Final Office Action and refused registration because the substitute specimen was
`
`not verified. Applicant has attached the verified substitute specimen in Exhibit 1 to this motion and
`
`requests that the Board remand the application to the Examining Attorney for consideration and
`
`entry into the record.
`
`A showing of good cause has been made, because, after submitting the verified substitute
`
`specimen, the appeal can be terminated, and the present application forwarded to publication.
`
`Applicant is filing this motion after receiving a Denial of Request for Reconsideration After Final
`
`Action, but before Applicant’s Appeal Brief is due. Based on good cause shown and timing in this
`
`appealed application, it is respectfully submitted that the motion may be granted in its entirety.
`
`It is believed that no fees are due. However, the Commissioner is authorized to charge our
`
`Deposit Account No. 08-2789 for any additional fees or credit the account for any overpayment.
`
`Applicant has provided an e-mail address herewith for itself so that any order on this motion
`
`may be issued electronically by the Board.
`
`Should the Board deny Applicant’s motion, Applicant respectfully requests an additional
`
`thirty days to file its Appeal Brief.
`
`WHEREFORE, Applicant prays that trademark Application Serial No. 90/521,815 be
`
`remanded to allow for registration upon the Principal Register.
`
`
`
`In re Trademark of:
`Applicant:
`Alvadore Holdings, Inc.
`Serial No.
`90/521,815 | Filing Date: February 9, 2021
`Mark:
`MISCELLANEOUS DESIGN
`Page 3 of 3
`
`Respectfully submitted,
`
`HOWARD & HOWARD ATTORNEYS PLLC
`
`By: /Daniel H. Bliss/
`Daniel H. Bliss (P40129)
`450 West Fourth Street
`Royal Oak, Michigan 48067-2557
`Phone: (248) 645-1483 | Fax: (248) 645-1568
`Email: DBliss@HowardandHoward.com
`Attorneys for Applicant Alvadore Holdings,
`Inc.
`
`
`
`
`
`
`
`Dated: June 6, 2024
`
`
`
`
`
`
`(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:3)
`Exhibit 1
`
`(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)
`
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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Trademark of:
`
`Applicant:
`
`Alvadore Holdings, Inc.
`
`Serial No.
`Filing Date:
`Mark:
`
`90/521,815
`February 9, 2021
`MISCELLANEOUS
`DESIGN
`
`
`
`ALVADORE HOLDINGS, INC.,
`
`:
`Applieart
`
`Ex Parte Appeal
`No. 90521815
`
`Opposition No.: 91268803
`
`
`
`VERIFICATION FOR APPLICANT(cid:8217)S SUBSTITUTE SPECIMEN
`
`The substitute specimen previously submitted on March 21, 2024, as Exhibit 1 and attached hereto,
`in the appeal of the above-identified application was in use in commerce prior to expiration of the
`filing deadline for filing a statement of use. 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 all statements are made of his/her
`own knowledge are true and all statements made on information and belief are believed to be true.
`
`Alvadore Holdings, Inc.
`
`By:
`
`Printed Name: £ A Ye DIN ies
`
`Title: Dos bat! "CEO
`
`
`
`Date: EZ ESE
`
`
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`
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`
