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: BIRDEYE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86261740/large)
SERIAL NUMBER: 86261740

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 not received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The applicant, BirdEye, Inc., having an address of
      440 North Wolfe Road
      Sunnyvale, California 94085
      United States
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 12/09/2014.

The applicant is filing extension number(s): 1


For International Class 009:
Current identification: Software for use in business reputation management

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/16/2014, and first used in commerce at least as early as 06/16/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Mark as shown on birdeye.com. Also refer to birdeye.com/press to see that this mark has been in use since June 2014..

Original PDF file:
SPN0-76126245205-20150911225630742807_._Mark.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 035:
Current identification: Business reputation management and improvement services

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/16/2014, and first used in commerce at least as early as 06/16/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Mark as shown on birdeye.com. Also refer to birdeye.com/press to see that this mark has been in use since June 2014..

Original PDF file:
SPN1-76126245205-20150911225630742807_._Mark.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 042:
Current identification: Software as a service (SAAS) featuring software for use in business reputation management

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/16/2014, and first used in commerce at least as early as 06/16/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Mark as shown on birdeye.com. Also refer to birdeye.com/press to see that this mark has been in use since June 2014..

Original PDF file:
SPN2-76126245205-20150911225630742807_._Mark.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant's current Correspondence Information: BirdEye, Inc.      987 Kintyre Way
      Sunnyvale, California (CA) 94087
      United States (USX)

The applicant's proposed Correspondence Information: BirdEye, Inc.      987 Kintyre Way
      Sunnyvale, California (CA) 94087
      United States (USX)


The email address is naveen@birdeye.com.

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 $450 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.

A fee payment in the total amount of $850 will be submitted.

Petition




Signature: /naveen gupta/ Date Signed: 09/11/2015
Signatory's Name: Naveen Gupta
Signatory's Position: CEO
Signatory's Phone: 408-306-9869
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. &sect;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.<br/><br/>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.<br/><br/> STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; <b><i>for a trademark or service mark application</i></b>, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; <b><i>for a collective trademark, collective service mark, or collective membership mark application</i></b>, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; <i><b>for a certification mark application</b></i>, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce. <br/><br/> STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. &sect;1051(d), <b><i>for a trademark or service mark application</b></i>, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under &sect;1(b) in the notice of allowance or as subsequently modified; <b><i>for a collective trademark, collective service mark, or collective membership mark application</b></i>, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; <b><i>for a certification mark application</b></i>, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce in connection with the goods/services in the notice of allowance or as subsequently modified and 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; and that 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.

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 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. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified and 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; and that 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: /naveen gupta/ Date Signed: 09/11/2015
Signatory's Name: Naveen Gupta
Signatory's Position: CEO
Signatory's Phone: 408-306-9869

Serial Number: 86261740
Internet Transmission Date: Fri Sep 11 23:19:26 EDT 2015
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-201509112319267
03610-86261740-54055bd81ae22fe34425c75f4
da2cf78392b166d1511c305d80cb493e17a4c2-C
C-6934-20150911225630742807