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. 85840405 PUFFIN (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85840405) 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

EVIDENCE
Evidence in the nature of The evidence consists of pictures of various Puffin products. They are T-shirts and sweaters. We also have stickers and hats and various other products. has been attached. Evidence-1
Evidence-2
Evidence-3
Evidence-4

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a bird smoking by the word Puffin.

Translation
The English translation of Puffin in the mark is Puffin. The wording Puffin has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
Puffin appearing in the mark means or signifies or is a term of art for smoking in the relevant trade or industry or as applied to the goods/services listed in the application. The word(s) Puffin has no meaning in a foreign language.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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

SIGNATURE(S)

Signature: /nick mosley/      Date: 02/17/2014
Signatory's Name: Nick Mosley
Signatory's Position: owner
Signatory's Phone Number: 404-434-8805


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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 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. 2.44. 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. Section 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. Section 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: /NickMosley/      Date: 02/17/2014
Signatory's Name: Nick Mosley
Signatory's Position: owner
Signatory's Phone Number: 404-434-8805


Response Signature
Signature: /NickMosley/     Date: 02/17/2014
Signatory's Name: Nick Mosley
Signatory's Position: owner

Signatory's Phone Number: 404-434-8805

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
RAM Sale Number: 85840405
RAM Accounting Date: 02/18/2014
        
Serial Number: 85840405
Internet Transmission Date: Mon Feb 17 09:20:45 EST 2014
TEAS Stamp: USPTO/POA-XXX.XX.XX.XXX-2014021709204565
9200-85840405-50036a0276d385b73ac575da61
0cddbb37706e3e319873d3aaa29665d568bd310-
CC-7549-20140217084329250418