TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 76215475 GUYLIAN'S TEMPTATIONS has been amended as follows:
PETITION
Petition Statement

Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.

RESPONSE TO OFFICE ACTION

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

PETITION TO REVIVE

 

                        A response to Office action was due on April 20, 2009.  The Response is attached.  The delay in filing this document was unintentional. 

 

                        The Notice of Abandonment issued on May 19, 2009.  Since this petition is being filed within two months after the date of the Notice of Abandonment, this petition is timely.

 

                        Please debit Applicant’s attorney’s deposit account no. 230825 the amount of $100 for the petition fee.

 

                        With the above, Applicant respectfully requests that this application be revived.

 

RESPONSE TO OFFICE ACTION REMARKS

 

                        No home country registration for the mark and goods in this application has yet issued. 

 

                        Applicant has filed an Allegation of Use.  Applicant wishes to proceed with use as the only registration basis.  Accordingly, Applicant submits that all questions are now answered and requests that this application be passed to publication. 

 

 

 

EVIDENCE
Evidence in the nature of Response to Office Action and Petition to Revive has been attached.
Original PDF file:
evi_7237171132-175601513_._Petition_to_Revive__F0487190_.PDF
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_7237171132-175601513_._Response_to_Office_Action__F0487188_.PDF
Converted PDF file(s) (1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 030 for Chocolates and pralines
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 00/00/2004 and first used in commerce at least as early as 00/00/2004, and is now in use in such commerce.

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Australia application number 850998 filed 09/20/2000]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 030 for Chocolates and pralines
Deleted Filing Basis: 44(d)
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 00/00/2004 and first used in commerce at least as early as 00/00/2004, and is now in use in such commerce.
FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Petition/Response Signature
Signature: /ANF by mn/     Date: 07/15/2009
Signatory's Name: Andrew N. Fredbeck
Signatory's Position: Attorney

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

        
RAM Sale Number: 4841
RAM Accounting Date: 07/16/2009
        
Serial Number: 76215475
Internet Transmission Date: Wed Jul 15 18:05:44 EDT 2009
TEAS Stamp: USPTO/POA-XX.XX.XXX.XXX-2009071518054422
6500-76215475-430cd66648b53487cf1efab96b
6583f259c-DA-4841-20090715175601513713