TEAS Petition to Revive SOU

PTO Form 2195 (Rev 5/2006)

OMB No. 0651-0054 (Exp 10/31/2017)

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PTO Form 2195 (Rev 5/2006)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: MARSHMALLOW(Standard Characters, see http://uspto.report/TM/77862873/mark.png)
SERIAL NUMBER: 77862873

PETITION
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application.
Notice of Allowance was received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The applicant, The Drew Oliver Company, LLC, having an address of
      78 Harvard Avenue
      Stamford, Connecticut 06902
      United States
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 08/16/2011.

The applicant is filing extension number(s): 5



For International Class 009:
Current identification: Computer programs for pre-recorded games; electronic game programs, video game software, computer game software, video game cartridges, all featuring microbe and microorganism characters; exposed cinematographic film; exposed cinematographic films featuring microbe and microorganism characters; Digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital disks featuring microbe and microorganism characters; Digital media, namely, video cassettes, audio discs, digital video discs, digital versatile discs, downloadable audio and video, compact discs, DVDS, motion picture films featuring microbe and microorganism characters; Pre-recorded CDs, video tapes, laser disks and DVDs featuring microbe and microorganism characters; Pre-recorded digital media featuring microbe and microorganism characters; Blank digital storage media; Blank electronic storage media; Digital trading cards in the nature of multimedia software recorded on magnetic media featuring microbe and microorganism characters

This allegation of use does not cover this specific class. This entire class is to be permanently deleted from the application.


For International Class 028:
Current identification: Toys, namely, collectable toy figures; Crib toys; Dog toys; Pet toys; Plush toys; Soft sculpture plush toys; Soft sculpture toys; Squeezable squeaking toys; Squeeze toys; Stuffed toy animals; Stuffed toy bears; Stuffed toys; Toy animals and accessories therefor; Toy figures

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/00/2010, and first used in commerce at least as early as 10/00/2010, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) product.

Original PDF file:
SPN1-8302024-122249246_._Marshmallow_cl._28_-_SOU_specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 041:
Current identification: Educational and entertainment services, namely, a continuing program about microbe and microorganism characters accessible by radio, television, satellite, audio, video and computer networks; Entertainment Services, namely, providing a website featuring photographic, audio, video and prose presentations featuring microbe and microorganism characters; Entertainment in the nature of providing on-line video games; Entertainment, namely, production of motion pictures, television programs/shows, and webcast programs; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services, namely, an on-going series featuring microbe and microorganism characters provided through motion pictures, television programs/shows, webcast programs, online games via internet, and web site; Entertainment services, namely, providing a television program in the field of children entertainment via a global computer network; Entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials in the field of children's entertainment and education; Entertainment services, namely, providing an on-line computer game; Entertainment services, namely, providing on-line computer games; Entertainment services, namely, providing podcasts in the field of children entertainment; Entertainment services, namely, providing webcasts in the field of children entertainment; Entertainment, namely, a continuing children show broadcast over television, satellite, audio, and video media

This allegation of use does not cover this specific class. This entire class is to be permanently deleted from the application.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $150 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the total amount of $350 will be submitted.

Petition




Signature: /Jonathan D. Reichman/ Date Signed: 04/16/2014
Signatory's Name: Jonathan D. Reichman, Esq.
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone: 212.425.7200
Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 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 made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. Section 1051(d), the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.



Signature: /Jonathan D. Reichman/ Date Signed: 04/16/2014
Signatory's Name: Jonathan D. Reichman, Esq.
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone: 212.425.7200

Serial Number: 77862873
Internet Transmission Date: Wed Apr 16 15:13:11 EDT 2014
TEAS Stamp: USPTO/PSE-X.XX.XXX.X-2014041615131173320
6-77862873-500825db4f073269b74cfffc74813
d408f93b7b765d5117b767279b7c46ee1fdb2-CC
-1457-20140416150754311872