| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Input Field |
Entered |
| SERIAL NUMBER | 78498410 |
| LAW OFFICE ASSIGNED | LAW OFFICE 109 |
| DATE OF NOTICE OF ABANDONMENT | 01/05/2007 |
| 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 | |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
In response to the Office Action, Applicant is enclosing: (1) a sample hang tag which is attached to all the items listed in this application; and (2) a Declaration containing the language specified in the Office Action. Please note that this Declaration was actually signed on January 29, not the date automatically generated and inserted during the electronic preparation of this Petition to Revive. As the Office Action stated that the ornamental refusal could be overcome by a substitute specimen and a declaration, it is submitted that the application is now in condition for registration. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS2\EXPORT12\784\984 \78498410\xml1\POA0002.JP G |
| EVIDENCE FILE NAME | \\TICRS2\EXPORT12\784\984 \78498410\xml1\POA0003.JP G |
| DESCRIPTION OF EVIDENCE FILE | (1) Declaration signed by Applicant (on January 29, 2007); and (2) hangtag for the goods |
| PAYMENT SECTION | |
| TOTAL AMOUNT | 100 |
| TOTAL FEES DUE | 100 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Fred J. Matteucci/ |
| SIGNATORY'S NAME | Fred J. Matteucci |
| SIGNATORY'S POSITION | Owner |
| DATE SIGNED | 01/31/2007 |
| RESPONSE SIGNATURE | /DeWitt M. Morgan/ |
| SIGNATORY'S NAME | DeWitt M. Morgan |
| SIGNATORY'S POSITION | Attorney of record |
| DATE SIGNED | 01/31/2007 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Wed Jan 31 16:45:54 EST 2007 |
| TEAS STAMP | USPTO/POA-XXX.XX.XX.XX-20 070131164554411107-784984 10-360ea4d9a16fc8c4829d4a 6fbcb313f876-DA-535-20070 131160332347821 |
| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Application serial no. 78498410 is 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: | |
|
In response to the Office Action, Applicant is enclosing: (1) a sample hang tag which is attached to all the items listed in this application; and (2) a Declaration containing the language specified in the Office Action. Please note that this Declaration was actually signed on January 29, not the date automatically generated and inserted during the electronic preparation of this Petition to Revive. As the Office Action stated that the ornamental refusal could be overcome by a substitute specimen and a declaration, it is submitted that the application is now in condition for registration. |
|
| Evidence | |
| Evidence in the nature of (1) Declaration signed by Applicant (on January 29, 2007); and (2) hangtag for the goods has been attached. | |
| Evidence-1 | |
| Evidence-2 | |
| Fees | |
| Fee(s) in the amount of $100 is being submitted. | |
| Declaration Signature |
|
| If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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). 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: /Fred J. Matteucci/ Date: 01/31/2007 | |
| Signatory's Name: Fred J. Matteucci | |
| Signatory's Position: Owner | |
| Petition/Response Signature | |
| Signature: /DeWitt M. Morgan/ Date: 01/31/2007 | |
| Signatory's Name: DeWitt M. Morgan | |
| Signatory's Position: Attorney of record | |
| Serial Number: 78498410 | |
| Internet Transmission Date: Wed Jan 31 16:45:54 EST 2007 | |
| TEAS Stamp: USPTO/POA-XXX.XX.XX.XX-20070131164554411 107-78498410-360ea4d9a16fc8c4829d4a6fbcb 313f876-DA-535-20070131160332347821 |
