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. 79058620 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

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Organizational consultancy in the field of the packaging of goods, organizational consultancy in the field of the packaging of pharmaceutical products
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 035 for Business organizational consultancy in the field of the packaging of goods; business organizational consultancy in the field of the packaging of pharmaceutical products.

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Technical consultancy in the field of the packaging of goods, technical consultancy in the field of the packaging of pharmaceutical products
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 042 for Technical consultancy in the field of the packaging of goods, namely design of the goods and handling of the goods; and technical consultancy in the field of the packaging of pharmaceutical products, namely the design and handling of pharmaceutical products

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

ADDITIONAL STATEMENTS
Applicant has adopted the proposed description of services as suggested by the examiner for International Class 035. Applicant could not agree to the suggested description of services as proposed by the examiner for International Class 042 since the description of packaging of goods is not limited to design of goods, but includes both design and handling of goods. The expression "packaging" is not limited to just designing the product, but also in processing the products through the packaging system to be placed in a shipping container. Accordingly, applicant proposes to change the description for Class 042 to include the expression --in the field of packaging of goods, namely design and handling of goods--, and --in the field of packaging of pharmaceutical products, namely the design and handling of pharmaceutical products.--.

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: /George M. Thomas/      Date: 05/14/2009
Signatory's Name: George M. Thomas
Signatory's Position: Attorney of record, Georgia bar member

Petition/Response Signature
Signature: /George M. Thomas/     Date: 05/14/2009
Signatory's Name: George M. Thomas
Signatory's Position: Attorney of record, Georgia bar member

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: 11735
RAM Accounting Date: 05/15/2009
        
Serial Number: 79058620
Internet Transmission Date: Thu May 14 15:51:36 EDT 2009
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XX-2009051415513666
1325-79058620-43047434e63bd30afc63534aff
6e4942ef4-CC-11735-20090514150428181010