Petition to Director Received

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 No Form Number (Rev 01/2012)

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

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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 No Form Number (Rev 01/2012)

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

2.146 Petition to the Director

To the Commissioner for Trademarks:

The following is submitted for registration number. 2642353 ELON

FORM INFORMATION

PETITION UNDER RULE 2.146(a)(3) FOR DUPLICATE REGISTRATION CERTIFICATE AND REFUND/WAIVER OF FEE

To the Honorable Director,

Petitioner, Little Giant Holdings, LLC, (“Little Giant” or “Petitioner”) hereby petitions the Director to issue a duplicate certificate of registration for U.S. Registration Number 2,642,353 and mail it to the updated Attorney of Record. Additionally, Little Giant petitions for a refund of the fee it submitted with the Section 7 Request for Amendment or Correction of Registration Certificate it filed on December 19, 2018 or, alternatively, for waiver of the Petition Fee submitted with the instant filing.  For your reference, the following information is submitted.

VERIFIED STATEMENT OF FACTS

On December 19, 2018, Applicant filed a Section 7 Request for Amendment or Correction of Registration Certificate (“Section 7 Request”) to update the owner of the present registration from Dartmouth Pharmaceuticals, Inc. to Little Giant Holdings, LLC and paid the $100 fee for an updated certificate reflecting same.  As part of that Section 7 Request, Applicant updated the Attorney of Record information to Edward B. Marvin and his firm’s new office address, as indicated in the “New Attorney Section” of the Filing Receipt. (Exhibit A, attached.)  On March 19, 2019, the USPTO issued an updated registration certificate in the name of the Little Giant; however, the USPTO TDRS system indicates the United States Postal Service returned the updated certificate back to the USPTO on April 12, 2019 with a postal service label that reads: “RETURN TO SENDER/UNABLE TO FORWARD.” (Exhibit B, attached.)  Exhibit B does not show the address where the USPTO mailed the updated certificate and, therefore, it is unknown.  In addition, according to TSDR, the Attorney/Correspondence Information Section has not been updated to reflect the new attorney information that was within the Section 7 Request e-filed on December 19, 2018. (Exhibit C, attached.)

On April 17, 2019, the undersigned’s paralegal, Linda Studer, spoke with the USPTO paralegal on-duty, “Karen”.  Karen indicated the oversight in not updating the Attorney of Record and the correspondence address appeared to be an error on the USPTO’s part.  She recommended Petitioner to submit a Revocation, Appointment, and/or Change of Attorney Address and then file the instant Petition, including a request for a refund of the $100 fee for updated certificate that the postal service returned back to the USPTO. 

The foregoing facts are verified in the accompanying declarations of Edward B. Marvin. (Exhibit D, attached) and Linda Studer (Exhibit E, attached.)

Requested Action or Relief

Petitioner respectfully requests:

1. An update to the Attorney of Record and mailing address of the present registration, pursuant to the information contained within Section 7 Request for Amendment or Correction of Registration Certificate Petitioner filed on December 19, 2018;

2. Issuance of a duplicate registration certificate mailed to the address in the New Correspondence Section in the Section 7 Request; and

3. A refund of $100 for either the fee paid for the updated registration certificate that was sent to the wrong (unknown) address or the fee paid for the present Petition. 

   Pursuant to T.M.E.P. § 1705.2, and 37 C.F.R. § 2.6(a)(15)(ii), Petitioner submits a $100 Petition Fee herewith.  As noted above, Petitioner requests a refund of either the $100 fee for the updated registration certificate that was sent to the wrong address, or a refund of the Petition Fee submitted herewith.  If granted, please direct the refund to the undersigned.

    

   Conclusion

In light of the foregoing, Petitioner respectfully requests an update to the Attorney of Record and mailing address, issuance of a duplicate certificate directed to the new mailing address, and a refund of $100 for either the misdirected updated certificate or the present Petition Fee.  If a telephone conference will be of assistance to properly resolve any outstanding issues, or if any additional information or materials is required, the person reviewing this Petition is respectfully requested to call Petitioner’s undersigned attorney. FORM FILE NAME(S)

Original PDF file:
Petition_to_Director_20194924548772.PDF
Converted PDF file(s) (3 pages)
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Original PDF file:
Petition_Exh_A-C_2019492521945.PDF
Converted PDF file(s) (22 pages)
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Original PDF file:
Petition_Exh_D_Marvin_Decl_20194925234980.PDF
Converted PDF file(s) (3 pages)
Attachments-1
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Original PDF file:
Petition_Exh_E_Studer_Decl_2019492525170.PDF
Converted PDF file(s) (4 pages)
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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 petitioner'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 petitioner in this matter: (1) the petitioner 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 petitioner has filed a power of attorney appointing him/her in this matter; or (4) the petitioner'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.

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

SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Edward B. Marvin/      Date: 05/10/2019
Signatory's Name: Edward B. Marvin
Signatory's Position: Attorney of Record, Member, Texas State Bar
Signatory's Phone Number: 210-886-9500

Submission Signature
Signature: /Edward B. Marvin/     Date: 05/10/2019
Signatory's Name: Edward B. Marvin
Signatory's Position: Attorney of Record, Texas State Bar Member
Signatory's Phone Number: 210-886-9500

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 petitioner'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 petitioner in this matter: (1) the petitioner 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 petitioner has filed a power of attorney appointing him/her in this matter; or (4) the petitioner'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: 8167
RAM Accounting Date: 05/10/2019
        
Serial Number: 76293182
Internet Transmission Date: Fri May 10 11:00:28 EDT 2019
TEAS Stamp: USPTO/PDR-XX.XXX.XXX.XXX-201905101100289
50874-2642353-20190508123518212871-CC-81
67-20190508123518212871