Petition to Director Received

PTO- 2301

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 2301

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Petition to Director

To the Commissioner for Trademarks:

Application serial no. 86169310 CARBON38(Standard Characters, see http://uspto.report/TM/86169310/mark.png) has been amended as follows: PETITION
Petition Statement
I am filing a petition to reinstate a cancelled registration and accept a late response to Post Registration office action.

EXPLANATION OF FILING
Dear Director, Due to failure to receive office action and related correspondence related to the Section 8 renewal of Reg. No. 4592570, with due respect, I hereby petition for reinstatement of the registration. In this instance, I plead that an extraordinary situation exists in that, due to COVID related downages, such as closure of office, subsequent move of office, issues with the mail system and other unknown circumstances, I did not receive communication from the USPTO regarding the renewal of Reg. No. 4592570 until today. I have a copy of the filing receipt for the requisite Section 8 Declaration filed on April 3, 2020 but no other correspondence has been received from the USPTO until today. Today I logged into the USPTO and discovered three duplicate Office Actions, all filed on April 23,2020, requiring that additional specimens for "leggings" and "shoes" be submitted due to a random audit. I never received a copy of any of these duplicate office actions. ?It leads one to believe that the three office actions may have been sent in error due to their duplicativeness and one could also surmise that three identical email notices might be rejected as spam by an email server. ?For whatever reason, I did not receive an office action, but am submitting the specimens as required by the office action with this petition and attached declaration attesting to the use of the trademark on the audited goods as early as the stated date of first use. ? Due to this extraordinary circumstance, and based on Registrant's other registrations for CARBON38, which serve to evidence that no other party would be injured by reinstatement, ?I kindly petition that justice is served by reinstatement. Respectfully submitted, Sophie Fix (Attorney for the Registrant)

EVIDENCE

Original PDF file:
evi_260380007300ca5c3534b 72a496eab41-153706055_._U ntitled_document.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_260380007300ca5c3534b 72a496eab41-153706055_._C arbon38_legging_waistband.pdf
Converted PDF file(s) ( 1 page) Evidence-1
Original PDF file:
evi_260380007300ca5c3534b 72a496eab41-153706055_._C arbon38_shoe.pdf
Converted PDF file(s) ( 1 page) Evidence-1

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Carbon 38, Inc., a corporation of Delaware, having an address of
      10000 West Washington Blvd., Suite 800
      Culver City, California 90232
      United States
      Email Address: XXXX

Proposed: Carbon 38, Inc., a corporation of Delaware, having an address of
      10000 West Washington Blvd., Suite 109
      Culver City, California 90232
      United States
      Email Address: XXXX
      7738823559
Correspondence Information (current):
      Sophie Fix
      PRIMARY EMAIL FOR CORRESPONDENCE: sophie@carbon38.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Sophie Fix
      PRIMARY EMAIL FOR CORRESPONDENCE: sophie@carbon38.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $250 is being submitted.

SIGNATURE(S)
Declaration Signature

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.

Signature: /sophiefix/      Date: 04/29/2021
Signatory's Name: Sophie Fix
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 7738823559

Signature method: Signed directly within the form


Signature: /sophiefix/     Date: 04/29/2021
Signatory's Name: Sophie Fix
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 7738823559 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the petitioner in this matter: the petitioner has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal; the petitioner has filed a power of attorney appointing him/her in this matter; or the petitioner's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Sophie Fix
   
   
   10000 West Washington Blvd., Suite 800
   Culver City, California 90232
Mailing Address:    Sophie Fix
   10000 West Washington Blvd., Suite 800
   Culver City, California 90232
        
PAYMENT: 86169310
PAYMENT DATE: 04/29/2021
        
Serial Number: 86169310
Internet Transmission Date: Thu Apr 29 15:48:22 ET 2021
TEAS Stamp: USPTO/PGP-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210429154822643744-86169310-
780f22681fda15d648fb930bc4b94c1d217fad41
c36a93d293eadd463170a319-CC-48192360-202
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