Petition to Director Received

SEBA

HONG KONG MARGO SPORTS REQUISITES CO LIMITED

2.146 Petition to the Director

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

2.146 Petition to the Director

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	85261912
REGISTRATION NUMBER	4082605
MARK SECTION
MARK FILE NAME	http://uspto.report/TM/85261912/mark.png
LITERAL ELEMENT	SEBA
FORM TEXT
Dear Examiner, Please re-issue the Office Action in this case. We entered our firm as attorney of record when we filed a response to the first office action on August 15, 2018. The USPTO sent the 2^nd office action to the previous attorney in error. I did not know about the 2^nd office action till today. The client has signed the change of address and of attorney today. I have filed it today with the USPTO. The USPTO should have sent the OA to us, because we were the attorneys of record at the time of filing of the first response to the first office action. The previous attorney is not the attorney of records – one does not have to be after the registration. The previous attorney apparently got the office action in his email, but he never told us. Today was the first time I have learned of the office action. It is an unintended error. Please reinstate the case and re-issue the office action. It would be extremely harsh and unfair to cancel this registration, especially when neither the undersigned counsel nor the new owner as per the assignment never received the previous office action; where the previous attorney of record never forwarded the office action to the owner, nor to the undersigned. The registration is still alive. We have learned of the office action only today. It is too late to file a response to the Office Action. There are outstanding issues in the registrations: namely, specimens for some of the goods need to be submitted still. It is improper to delete the whole registration - especially after the USPTO has accepted specimens for some of the goods in the registration. At the very least the Registration must proceed with the goods that have already been accepted, and if anything were to be deleted from the registration - those would be the goods for which the owner has not submitted proof of use, but NOT the ENTIRE registration. Best regards, Sergei Orel
PAYMENT SECTION
NUMBER OF CLASSES	1
PETITION FEE	100
TOTAL FEES DUE	100
SIGNATURE SECTION
DECLARATION SIGNATURE	/Sergei Orel/
SIGNATORY'S NAME	Sergei Orel
SIGNATORY'S POSITION	Attorney of Record, NJ Bar Member
SIGNATORY'S PHONE NUMBER	9087225640
DATE SIGNED	03/13/2019
SUBMISSION SIGNATURE	/Sergei Orel/
SIGNATORY'S NAME	Sergei Orel
SIGNATORY'S POSITION	Attorney of Record, NJ Bar Member
SIGNATORY'S PHONE NUMBER	9087225640
DATE SIGNED	03/13/2019
AUTHORIZED SIGNATORY	YES
FILING INFORMATION SECTION
SUBMIT DATE	Wed Mar 13 14:53:38 EDT 2019
TEAS STAMP	USPTO/PDR-XX.XXX.XXX.XX-2 0190313145338599407-40826 05-20190313144300966114-C C-1248-201903131443009661 14

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0054 (Exp 12/31/2020)

2.146 Petition to the Director

To the Commissioner for Trademarks:

The following is submitted for registration number. 4082605

FORM INFORMATION

Dear Examiner,

Please re-issue the Office Action in this case.

We entered our firm as attorney of record when we filed a response to the first office action on August 15, 2018.

The USPTO sent the 2^nd office action to the previous attorney in error.

I did not know about the 2^nd office action till today.

The client has signed the change of address and of attorney today. I have filed it today with the USPTO.

The USPTO should have sent the OA to us, because we were the attorneys of record at the time of filing of the first response to the first office action. The previous attorney is not the attorney of records – one does not have to be after the registration.

The previous attorney apparently got the office action in his email, but he never told us.

Today was the first time I have learned of the office action.

It is an unintended error.

Please reinstate the case and re-issue the office action.

It would be extremely harsh and unfair to cancel this registration, especially when neither the undersigned counsel nor the new owner as per the assignment never received the previous office action; where the previous attorney of record never forwarded the office action to the owner, nor to the undersigned. The registration is still alive. We have learned of the office action only today. It is too late to file a response to the Office Action.

There are outstanding issues in the registrations: namely, specimens for some of the goods need to be submitted still.

It is improper to delete the whole registration - especially after the USPTO has accepted specimens for some of the goods in the registration.

At the very least the Registration must proceed with the goods that have already been accepted, and if anything were to be deleted from the registration - those would be the goods for which the owner has not submitted proof of use, but NOT the ENTIRE registration.

Best regards,

Sergei Orel

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 petitioner'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 petitioner in this matter: (1) the petitioner 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 petitioner has filed a power of attorney appointing him/her in this matter; or (4) the petitioner'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.

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

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Sergei Orel/      Date: 03/13/2019
Signatory's Name: Sergei Orel
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 9087225640

Submission Signature
Signature: /Sergei Orel/     Date: 03/13/2019
Signatory's Name: Sergei Orel
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 9087225640

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 petitioner'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 petitioner in this matter: (1) the petitioner 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 petitioner has filed a power of attorney appointing him/her in this matter; or (4) the petitioner'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: 1248
RAM Accounting Date: 03/14/2019

Serial Number: 85261912
Internet Transmission Date: Wed Mar 13 14:53:38 EDT 2019
TEAS Stamp: USPTO/PDR-XX.XXX.XXX.XX-2019031314533859
9407-4082605-20190313144300966114-CC-124
8-20190313144300966114