TEAS Petition to Revive SOU

PTO Form 2195 (Rev 5/2006)

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

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PTO Form 2195 (Rev 5/2006)

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

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: DAKOTA(Standard Characters, see http://uspto.report/TM/85970519/mark.png)
SERIAL NUMBER: 85970519

PETITION
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application.
Notice of Allowance was received by applicant.

EXTENSION OF TIME TO FILE STATEMENT OF USE
The applicants, Garza, Reynaldo, having an address of
      8420 Crownwood
      Laredo, Texas 78045
      United States
Hernandez, John E., having an address of
      9717 Elm Creek Way
      Ft.Worth, Texas 76140-8101
      United States
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 11/26/2013.

The applicant is filing extension number(s): 2
The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development


For International Class 034:
Current identification: Cigarettes

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $150 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $250 will be submitted.

Petition




Signature: /John E. Hernandez/ Date Signed: 02/26/2015
Signatory's Name: John E. Hernandez
Signatory's Position: General Partner
Signatory's Phone: 8179467875
Declaration

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. Section 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 all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. Section 1051(d), the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive.



Signature: /John E. Hernandez/ Date Signed: 02/26/2015
Signatory's Name: John E. Hernandez
Signatory's Position: General Partner
Signatory's Phone: 8179467875

Serial Number: 85970519
Internet Transmission Date: Thu Feb 26 11:30:39 EST 2015
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XX-2015022611303947
2591-85970519-53056b383274c5cd5019a05fbd
eafe80b625aa88271b2f9649a9a63ccd79a022c7
-CC-13047-20150226111852180670