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. 86181308 THUNDERBIRD(Standard Characters, see http://uspto.report/TM/86181308/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
Registrant?s counsel has no record of receiving the Action. Registrant?s counsel has reviewed his files and email records and has been unable to locate the February 12, 2021 Office action. Registrant?s attorney did not receive the Action neither by mail nor email. Registrant?s counsel?s first notice of the pending Office Action was when he received the Official USPTO Notice that the trademark registration had been cancelled with issue date of March 23, 2022. Registrant?s delay in responding to the Office action by the specific deadline was unintentional.

EVIDENCE

Original PDF file:
evi_2419257170-094219058_ ._Petition.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_2419257170-094219058_ ._Declaration.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: KOCH DEVELOPMENT CORPORATION, a corporation of Indiana, having an address of
      452 E. CHRISTMAS BLVD
      SANTA CLAUS, Indiana 47579
      United States
      Email Address: XXXX

Proposed: KOCH DEVELOPMENT CORPORATION, a corporation of Indiana, having an address of
      452 E. CHRISTMAS BLVD
      SANTA CLAUS, Indiana 47579
      United States
      Email Address: XXXX
Correspondence Information (current):
      GARY K. PRICE
      PRIMARY EMAIL FOR CORRESPONDENCE: gprice@tbsblaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Gary K. Price
      PRIMARY EMAIL FOR CORRESPONDENCE: gprice@tbsblaw.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: /Gary K. Price/      Date: 03/28/2022
Signatory's Name: Gary Price
Signatory's Position: Attorney of Record
Signatory's Phone Number: 8124758444

Signature method: Signed directly within the form


Signature: /Gary K. Price/     Date: 03/28/2022
Signatory's Name: Gary Price
Signatory's Position: Attorney of Record

Signatory's Phone Number: 8124758444 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:    GARY K. PRICE
   TERRELL, BAUGH, SALMON & BORN, LLP
   
   700 S GREEN RIVER RD STE 2000
   EVANSVILLE, Indiana 47715-7907
Mailing Address:    Gary K. Price
   TERRELL, BAUGH, SALMON & BORN, LLP
   700 S GREEN RIVER RD STE 2000
   EVANSVILLE, Indiana 47715-7907
        
PAYMENT: 86181308
PAYMENT DATE: 03/28/2022
        
Serial Number: 86181308
Internet Transmission Date: Mon Mar 28 09:56:16 ET 2022
TEAS Stamp: USPTO/PGP-XX.XXX.XX.XXX-2022032809561654
9511-86181308-8006330fe62f66280689f93fca
110222ff8e5e79cd8ad405f7fbae23b7998d1f26
5-DA-56140923-20220328094219058412