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 2195 (Rev 09/2004) |
| OMB No. 0651-0054 (Exp 10/31/2017) |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86306395 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
| DATE OF NOTICE OF ABANDONMENT |
00/00/0000 |
| MARK SECTION |
| MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86306395/large |
| LITERAL ELEMENT |
EL CAPITAN |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| PETITION |
| PETITION STATEMENT |
Applicant 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 |
Notice of Allowance was received by applicant. |
| STATEMENT OF USE |
| OWNER SECTION |
| NAME |
American Cooking Equipment, Inc. |
| STREET |
505 E. Gardena Blvd. |
| CITY |
Gardena |
| STATE |
California |
| ZIP/POSTAL CODE |
90248 |
| COUNTRY |
United States |
| GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE |
| INTERNATIONAL CLASS |
011 |
| CURRENT IDENTIFICATION |
WOOD AND GAS BURNING OVENS |
| GOODS OR SERVICES |
KEEP ALL LISTED |
| FIRST USE ANYWHERE DATE |
10/15/2015 |
| FIRST USE IN COMMERCE DATE |
10/15/2015 |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\863\063\86306395\xml11 \PSE0002.JPG |
| SPECIMEN DESCRIPTION |
digital image depicting the mark in connection with the actual goods |
| EXTENSION OF TIME TO FILE A STATEMENT OF USE |
| EXTENSION PERIOD(S) |
1 |
| ALLOWANCE MAIL DATE |
06/23/2015 |
| PAYMENT SECTION |
| PETITION FEE |
100 |
| NUMBER OF CLASSES IN USE |
1 |
| EXTENSION FEE |
150 |
| NUMBER OF CLASSES IN USE |
1 |
| SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] |
100 |
| TOTAL AMOUNT |
350 |
| SIGNATURE SECTION |
| PETITION SIGNATURE |
/gary m. anderson/ |
| SIGNATORY'S NAME |
Gary M. Anderson |
| SIGNATORY'S POSITION |
California Attorney of Record |
| DATE SIGNED |
01/06/2016 |
| SIGNATORY'S PHONE NUMBER |
310-824-5555 |
| DECLARATION SIGNATURE |
/gary m. anderson/ |
| SIGNATORY'S NAME |
Gary M. Anderson |
| SIGNATORY'S POSITION |
California Attorney of Record |
| DATE SIGNED |
01/06/2016 |
| SIGNATORY'S PHONE NUMBER |
310-824-5555 |
| FILING INFORMATION |
| SUBMIT DATE |
Wed Jan 06 18:17:04 EST 2016 |
| TEAS STAMP |
USPTO/PSE-XX.XX.XX.XX-201
60106181704994335-8630639
5-5504abd2c73b0fc95d9b8e5
76414c8b1208cac7e90bffaa6
2259537d6e671ef17c-CC-523
2-20160106180730552856 |
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 2195 (Rev 09/2004) |
| 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: EL CAPITAN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86306395/large)
SERIAL NUMBER: 86306395
PETITION Petition Statement
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 AND STATEMENT OF USE
The applicant, American Cooking Equipment, Inc., having an address of
505 E. Gardena Blvd.
Gardena, California 90248
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 06/23/2015.
The applicant is filing extension number(s): 1
For International Class 011:
Current identification: WOOD AND GAS BURNING OVENS
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 10/15/2015, and first used in commerce at least as early as
10/15/2015, 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) digital image depicting the mark in connection with the actual goods.
Specimen File1
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 amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.
A fee payment in the total amount of $350 will be submitted.
Petition
Signature: /gary m. anderson/ Date Signed: 01/06/2016
Signatory's Name: Gary M. Anderson
Signatory's Position: California Attorney of Record
Signatory's Phone: 310-824-5555
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. §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: /gary m. anderson/ Date Signed: 01/06/2016
Signatory's Name: Gary M. Anderson
Signatory's Position: California Attorney of Record
Signatory's Phone: 310-824-5555
Serial Number: 86306395
Internet Transmission Date: Wed Jan 06 18:17:04 EST 2016
TEAS Stamp: USPTO/PSE-XX.XX.XX.XX-201601061817049943
35-86306395-5504abd2c73b0fc95d9b8e576414
c8b1208cac7e90bffaa62259537d6e671ef17c-C
C-5232-20160106180730552856
