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 2301 (Rev 02/2020) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 85880632 |
LAW OFFICE ASSIGNED | LAW OFFICE 115 |
REGISTRATION NUMBER | 4490528 |
PETITION | |
PETITION STATEMENT | I am filing a petition to reinstate a cancelled registration and accept a late response to Post Registration office action. |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/85880632/mark.png |
LITERAL ELEMENT | UNICITY |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
OWNER SECTION (current) | |
NAME | Unicity Properties, Inc. |
MAILING ADDRESS | 1201 North 800 East |
CITY | Orem |
STATE | Utah |
ZIP/POSTAL CODE | 84097 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 801-226-2600 |
XXXX | |
OWNER SECTION (proposed) | |
NAME | Unicity Properties, Inc. |
MAILING ADDRESS | 1201 North 800 East |
CITY | Orem |
STATE | Utah |
ZIP/POSTAL CODE | 84097 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 801-226-2600 |
XXXX | |
EXPLANATION OF FILING | |
The undersigned is an newly retained attorney, newly appointed by the registrant in this registration.
The registrant, Unicity Properties, Inc., by and through its in-house counsel duly filed on April 26, 2019 Section and 15 Declarations to maintain this trademark registration. However, neither
the registrant, including its in-house counsel, did not receive any office action in this registration after that filing, and specifically did not receive the Office Action that issued May 18,
2019.
Subsequent to the response deadline to that office action, the undersigned was engaged to assist the registrant in trademark matters generally. Accordingly, the undersigned duly entered its
appearance of counsel and address for correspondence in this and other trademark matters at the USPTO of the registrant.
Thus, the Registrant did receive the Notice of Cancellation dated Oct. 22, 2020 because it was sent to and received by the undersigned.
The Registrant's failure to respond to the outstanding office action was not intentional.
In this petition, the Registrant responds to the issues in said office action. All specimens submitted that are photographs of packaging are the same packaging that was used by the Registrant on
April 26, 2019, and all website screenshot are from the Registrant's website, Unicity.com, and although the screen shots were made on or about December 21, 2020, the photographs of the products
bearing the marks and webpages are substantially as they were on April 26, 2019. Accordingly, the specimens could have been submitted on April 26, 2019, or thereafter.
Please delete from the registered goods "perfumes, essential oils for personal use" and delete "hair lotions" in Class 3.
The Registrant respectfully requests that the response to the office action be accepted, and that the cancellation of this registration be withdrawn, and that the registration be allowed to
continue.
If the Director has any question regarding this petition or the response to the office action, please contact the undersigned by telephone or email.
Thank you for considering this petition.
|
|
USE INFO SECTION (003) (current) | |
INTERNATIONAL CLASS | 003 |
FIRST USE ANYWHERE DATE | At least as early as 01/29/2012 |
FIRST USE IN COMMERCE DATE | At least as early as 01/29/2012 |
USE INFO SECTION (003) (proposed) | |
INTERNATIONAL CLASS | 003 |
FIRST USE ANYWHERE DATE | At least as early as 01/29/2012 |
FIRST USE IN COMMERCE DATE | At least as early as 01/29/2012 |
SPECIMEN FILE NAME(S) | |
JPG FILE(S) | \\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4 \ PDR0002.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0003.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0004.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0005.JPG | |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._cial_scrubs_-_screenc apture-shop-unicity-2020- 12-21-21_15_30.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0006.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._ncapture-unicity-phl- unicity-conditioner-2020- 12-21-21_23_32.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0007.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._UNICITY_-_Class_3_-_S ilour_shampoo.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0008.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._UNICITY_-_Class_3_ski n__body_lotion.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0009.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._one_fortify_-_screenc apture-shop-unicity-2020- 12-21-21_03_04.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0010.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._ar_thoughts_-_screenc apture-shop-unicity-2020- 12-21-20_58_44.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0011.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._-_aloe_vera_-_screenc apture-shop-unicity-2020- 12-21-21_01_30.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0012.JPG |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_.__-_screencapture-unic ity-usa-opportunity-2020- 12-21-21_04_58.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0013.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0014.JPG | |
ORIGINAL PDF FILE | evi_1-205197211190-233258 139_._-_aloe_vera_-_scree ncapture-shop-unicity-202 0-12-21-21_01_30.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0015.JPG |
SPECIMEN DESCRIPTION | Four jpg files of photographs of the mark on goods in Class 3; and 4 screenshots from Registrant's website, unicity.com, showing the mark with the goods in Class 3 |
USE INFO SECTION (005) (current) | |
INTERNATIONAL CLASS | 005 |
USE INFO SECTION (005) (proposed) | |
INTERNATIONAL CLASS | 005 |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | evi_1-205197211190-233258 139_._one_fortify_-_scree ncapture-shop-unicity-202 0-12-21-21_03_04.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0016.JPG |
ORIGINAL PDF FILE | evi_1-205197211190-233258 139_._ar_thoughts_-_scree ncapture-shop-unicity-202 0-12-21-20_58_44.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0017.JPG |
ORIGINAL PDF FILE | evi_2-205197211190-233258 139_._-_aloe_vera_-_scree ncapture-shop-unicity-202 0-12-21-21_01_30.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0018.JPG |
SPECIMEN DESCRIPTION | 4 pdf documents of screenshots from Registrant's website, unicity.com, showing the mark with the goods in Class 5 |
USE INFO SECTION (035) (current) | |
INTERNATIONAL CLASS | 035 |
USE INFO SECTION (035) (proposed) | |
INTERNATIONAL CLASS | 035 |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | evi_205197211190-23325813 9_._etail_store_-_screenc apture-shop-unicity-2020- 12-21-21_06_44.pdf |
CONVERTED PDF FILE(S) (7 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0019.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0020.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0021.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0022.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0023.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0024.JPG | |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0025.JPG | |
ORIGINAL PDF FILE | evi_1-205197211190-233258 139_.__-_screencapture-un icity-usa-opportunity-202 0-12-21-21_04_58.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0026.JPG |
\\TICRS\EXPORT18\IMAGEOUT 18\858\806\85880632\xml4\ PDR0027.JPG | |
SPECIMEN DESCRIPTION | 2 pdf documents of screenshots from Registrant's website, unicity.com, showing the mark with the services in Class 35 |
MISCELLANEOUS STATEMENT | Thank you. |
ATTORNEY INFORMATION (current) | |
NAME | Preston C. Regehr |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | TechLaw Ventures, PLLC |
STREET | 3290 W. Mayflower Way |
CITY | Lehi |
STATE | Utah |
POSTAL CODE | 84043 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 8018053688 |
FAX | 8018528203 |
pto@techlawventures.com | |
DOCKET/REFERENCE NUMBER | 7194 TM |
ATTORNEY INFORMATION (proposed) | |
NAME | Preston C. Regehr |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | TechLaw Ventures, PLLC |
STREET | 3290 W. Mayflower Way |
CITY | Lehi |
STATE | Utah |
POSTAL CODE | 84043 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 8018053688 |
FAX | 8018528203 |
pto@techlawventures.com | |
DOCKET/REFERENCE NUMBER | 7194 TM |
CORRESPONDENCE INFORMATION (current) | |
NAME | Preston C. Regehr |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | pto@techlawventures.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | 7194 TM |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Preston C. Regehr |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | pto@techlawventures.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | 7194 TM |
PAYMENT SECTION | |
PETITION FEE PER PETITION | 100 |
NUMBER OF CLASSES | 1 |
TOTAL FEES DUE | 100 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Preston C. Regehr/ |
SIGNATORY'S NAME | Preston C. Regehr |
SIGNATORY'S POSITION | attorney of record; member of the Utah State Bar Association |
SIGNATORY'S PHONE NUMBER | 801-805-3688 |
DATE SIGNED | 12/21/2020 |
PETITION SIGNATURE | /Preston C. Regehr/ |
SIGNATORY'S NAME | Preston C. Regehr |
SIGNATORY'S POSITION | attorney of record, member of the Utah State Bar Association |
SIGNATORY'S PHONE NUMBER | 801-805-3688 |
DATE SIGNED | 12/21/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Tue Dec 22 00:02:56 ET 2020 |
TEAS STAMP | USPTO/PGP-XXX.XXX.XXX.XXX -20201222000256395860-858 80632-75018d6986a830d14c8 d1744527794f949185f33fefd 179d1ccb0cfc2a55851bd-CC- 02541234-2020122123325813 9333 |
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 2301 (Rev 02/2020) |
OMB No. 0651-0054 (Exp 12/31/2020) |
DECLARATION: 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 or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.