The org tried to avoid that negative decision. They changed their attorney in the middle of their application: Jan. 29, 2014
From:
RICHARD D. MOAKE
100 WATCHTOWER DR
PATTERSON New York (NY) 12563-2232
US
to one that specialises in 'Reversal of Patent Appeals' I suspect because they sensed a rejection coming up.
Steven B. Simonis,
Steward Johnston & Reens LLC,
986 Bedford Street,Stamford, Connecticut,
United States
https://www.ssjr.com/
http://tsdr.uspto.gov/documentviewer?caseId=sn85896124&docId=RAA20140203090411#docIndex=3&page=1
But they failed.
The reason I gather they were refused is that they have no product.. they are not selling anything. They have no commercial product. They need no trademark as they have nothing to 'trade'.
SPECIMEN MUST SHOW USE OF MARK WITH CLASS 16 GOODS
Registration is refused because the specimen does not show the applied-for mark in use in commerce. 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). Specifically, applicant has applied to register the mark for use with printed materials. The submitted screenshots do not show applicant’s mark in use on printed Class 16 goods. Rather, they show the mark on a website where downloadable magazines are available. However, these electronic publications are not Class 16 goods. Rather, applicant must show the applied-for mark in use on printed materials, or in the ordering of the printed materials, as discussed in greater detail below.
Applicant may respond to this refusal by satisfying one of the following:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege use.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen at a subsequent date.
For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/specimen.jsp.
