TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

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

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PTO Form 2194 (Rev 9/2005)

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

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 85457568 CAS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85457568) 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 Transportation logistics services, namely, storage, transportation and delivery of cargo, freight, baggage and mail for others; planning and scheduling shipments for others; cargo tracking services; business advisory and consultancy services in the field of cargo logistics; customs clearance and compliance services; mail handling services; air cargo facilities management services; import and export documentation processing and compliance services for others
Original Filing Basis:
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 03/00/1998 and first used in commerce at least as early as 03/00/1998 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Transportation logistics services, namely, storage, transportation and delivery of cargo, freight, baggage and mail for others; Planning and scheduling shipments for others; cargo tracking services; business advisory and consultancy services in the field of cargo logistics; customs clearance and compliance services; mail handling services; air cargo facilities management services; import and export documentation processing and compliance services for othersClass 035 for Planning and scheduling shipments for others; cargo tracking services; business advisory and consultancy services in the field of cargo logistics; customs clearance and compliance services; mail handling services; air cargo facilities management services; import and export documentation processing and compliance services for others
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 03/00/1998 and first used in commerce at least as early as 03/00/1998 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Transportation services, namely, cargo, freight, baggage, mail, and equipment handling services; cargo, freight, baggage, mail, and equipment warehousing services; cargo, freight, baggage and mail transfer services; cargo, freight, baggage and mail distribution services; loading and unloading of cargo, freight, baggage and mail; cargo, freight, baggage and mail packaging services for others; trucking services, namely hauling of cargo freight, baggage and mail
Original Filing Basis:
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 03/00/1998 and first used in commerce at least as early as 03/00/1998 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Transportation services, namely, cargo, freight, baggage, mail, and equipment handling services; Transportation logistics services, namely, storage, transportation and delivery of cargo, freight, baggage and mail for others; transportation services, namely, transportation and delivery of cargo, freight, baggage, mail, and equipment handling services for others; cargo, freight, baggage, mail, and equipment warehousing services; cargo, freight, baggage and mail transfer services; cargo, freight, baggage and mail distribution services; loading and unloading of cargo, freight, baggage and mail; cargo, freight, baggage and mail packaging services for others; trucking services, namely hauling of cargo freight, baggage and mailClass 039 for Transportation logistics services, namely, storage, transportation and delivery of cargo, freight, baggage and mail for others; transportation services, namely, transportation and delivery of cargo, freight, baggage, mail, and equipment handling services for others; cargo, freight, baggage, mail, and equipment warehousing services; cargo, freight, baggage and mail transfer services; cargo, freight, baggage and mail distribution services; loading and unloading of cargo, freight, baggage and mail; cargo, freight, baggage and mail packaging services for others; trucking services, namely hauling of cargo freight, baggage and mail
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 03/00/1998 and first used in commerce at least as early as 03/00/1998 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant respectfully submits that the wording "cargo, freight, baggage and mail transfer services" listed in Class 39 should be accepted. The USPTO has accepted that wording in the past, including in connection with Applicant's recently-published application for CAS & Design, U.S. Application Ser. No. 85/457,746. The courts and the Board encourage the Trademark Office to use a uniform standard in assessing marks and Applicant is entitled to such consistent treatment here. E.g. In re Nett Designs, Inc., 236 F.3d 1339, 1342 (Fed. Cir. 2001).


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

SIGNATURE(S)

Signature: /cmc/      Date: 11/26/2012
Signatory's Name: Catherine M. Clayton
Signatory's Position: Attorney for Applicant, Member New York Bar
Signatory's Phone Number: 212.613.2071


Response Signature
Signature: /cmc/     Date: 11/26/2012
Signatory's Name: Catherine M. Clayton
Signatory's Position: Attorney for Applicant, Member New York Bar

Signatory's Phone Number: 212.613.2071

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: 4343
RAM Accounting Date: 11/26/2012
        
Serial Number: 85457568
Internet Transmission Date: Mon Nov 26 12:43:26 EST 2012
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XXX-201211261243267
39047-85457568-4903c79595435fa9a443536a0
2546361ae6-DA-4343-20121126122810835286