TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 78719069 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:

          Please change the date of first use of the mark anywhere to 02/01/2006 to correct an inadvertent typographical error made in the statement of use filed March 7, 2007.  A declaration of the undersigned accompanies this amendment.

          Applicant’s attorney wishes to thank Examiner Twohig for the courtesies extended during the telephone interview of November 27, 2007.  In that telephone interview, Examiner ‘Twohig recommended that an amendment and declaration be filed to correct the error in the date of first use anywhere.

          Additionally, it should be noted that the use of a trademark in addition to the formulation on a label is very common in the pesticides industry.  The specimen submitted herewith that shows “DOMINION 75 WSP” means that the pesticide is packaged in water soluble packets, and that the concentration of the active ingredient is 75%.  There is no significance given to these designations, and the mark applied for is solely “DOMINION.”  The “75 WSP” is merely a designation of the contents, and does not function as a trademark.

          For the foregoing reasons, applicant respectfully requests that the examiner accept the specimen submitted on March 2, 2007, and approve the mark for registration.

 

EVIDENCE
Evidence in the nature of signed declaration under 37 C.F.R. 2.20 to verify the amended date of first use has been attached.
Original PDF file:
evi_761605098-141149410_._2008-03-21_DeclarationAN.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 005 for pesticides for public health, domestic and non-agricultural uses
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 005, the mark was first used at least as early as 02/02/2006 and first used in commerce at least as early as 02/01/2006.

Proposed: Class 005 for pesticides for public health, domestic and non-agricultural uses
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 02/01/2006 and first used in commerce at least as early as 02/01/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 005.
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)."

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 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: /aoi nawashiro/      Date: 03/21/2008
Signatory's Name: aoi nawashiro
Signatory's Position: attorney for applicant

Response Signature
Signature: /aoi nawashiro/     Date: 03/21/2008
Signatory's Name: aoi nawashiro
Signatory's Position: attorney for applicant

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: 115
RAM Accounting Date: 03/24/2008
        
Serial Number: 78719069
Internet Transmission Date: Fri Mar 21 14:55:07 EDT 2008
TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20080321145507265
480-78719069-420c76714d8f5fe559ff04e8530
bdc94f15-CC-115-20080321141149410296