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. 76978893 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:

Applicant submits a substitute specimen comprising a webpage consisting of an advertisement and confirmation of design services for a third party commercial vendor.  The specimen displays applicant's mark in association with applicant's design of computer programs and software for AT & T in the field of computer gaming.

The substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use.



EVIDENCE
Evidence in the nature of Applicant submits a substitute specimen comprising a webpage consisting of an advertisement and confirmation of design services for a third party commercial vendor. The specimen displays applicant's mark in association with applicant's design of computer programs and software for AT & T in the field of computer gaming for mobile communication devices. The substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use. has been attached.
Original PDF file:
evi_6910410990-221429908_._maple_20090722190917.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design of computer programs and software design for others in the field of computer gaming
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 042, the mark was first used at least as early as 04/01/2001 and first used in commerce at least as early as 04/01/2001.

Proposed: Class 042 for Design of computer programs and software design for others in the field of computer gaming
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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 04/01/2001 and first used in commerce at least as early as 04/01/2001, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 042. The specimen(s) submitted consists of Applicant submits a substitute specimen comprising a webpage consisting of an advertisement and confirmation of design services for a third party commercial vendor. The specimen displays applicant's mark in association with applicant's design of computer programs and software for AT & T in the field of computer gaming for mobile communication devices..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU4-6910410990-221429908_._maple_20090722190917.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

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

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /mhn/      Date: 07/22/2009
Signatory's Name: Martin Nguyen
Signatory's Position: Applicant's Attorney

Petition/Response Signature
Signature: /mhn/     Date: 07/22/2009
Signatory's Name: Martin Nguyen
Signatory's Position: Applicant's 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: 7238
RAM Accounting Date: 07/23/2009
        
Serial Number: 76978893
Internet Transmission Date: Wed Jul 22 22:29:23 EDT 2009
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XX-2009072222292396
1369-76978893-430cd216ef5521c718ed309aad
ddf2267a-CC-7238-20090722221429908331