| 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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86359351 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
| DATE OF NOTICE OF ABANDONMENT |
00/00/0000 |
| MARK SECTION |
| MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86359351/large |
| LITERAL ELEMENT |
OP |
| 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 |
Stonyfield Farm, Inc. |
| STREET |
10 Burton Drive |
| CITY |
Londonderry |
| STATE |
New Hampshire |
| ZIP/POSTAL CODE |
03053 |
| COUNTRY |
United States |
| GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE |
| INTERNATIONAL CLASS |
005 |
| CURRENT IDENTIFICATION |
Dietary and nutritional supplements |
| GOODS OR SERVICES |
KEEP ALL LISTED |
| FIRST USE ANYWHERE DATE |
12/15/2014 |
| FIRST USE IN COMMERCE DATE |
12/15/2014 |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPN0-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\863\593\86359351\xml9\PSE0002.JPG |
| SPECIMEN DESCRIPTION |
image of mark on product |
| INTERNATIONAL CLASS |
029 |
| CURRENT IDENTIFICATION |
Dairy-based beverages |
| GOODS OR SERVICES |
KEEP ALL LISTED |
| FIRST USE ANYWHERE DATE |
12/15/2014 |
| FIRST USE IN COMMERCE DATE |
12/15/2014 |
| SPECIMEN FILE NAME(S) |
| ORIGINAL PDF FILE |
SPN1-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\863\593\86359351\xml9\PSE0003.JPG |
| SPECIMEN DESCRIPTION |
image of mark on product |
| EXTENSION OF TIME TO FILE A STATEMENT OF USE |
| EXTENSION PERIOD(S) |
1 |
| ALLOWANCE MAIL DATE |
12/16/2014 |
| PAYMENT SECTION |
| PETITION FEE |
100 |
| NUMBER OF CLASSES IN USE |
2 |
| EXTENSION FEE |
300 |
| NUMBER OF CLASSES IN USE |
2 |
| SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] |
200 |
| TOTAL AMOUNT |
600 |
| SIGNATURE SECTION |
| PETITION SIGNATURE |
/Douglas G. Verge/ |
| SIGNATORY'S NAME |
Douglas G. Verge |
| SIGNATORY'S POSITION |
Attorney for Applicant |
| DATE SIGNED |
07/13/2015 |
| SIGNATORY'S PHONE NUMBER |
(603) 627-8119 |
| DECLARATION SIGNATURE |
/Douglas G. Verge/ |
| SIGNATORY'S NAME |
Douglas G. Verge |
| SIGNATORY'S POSITION |
Attorney for Applicant |
| DATE SIGNED |
07/13/2015 |
| SIGNATORY'S PHONE NUMBER |
(603) 627-8119 |
| FILING INFORMATION |
| SUBMIT DATE |
Mon Jul 13 18:02:00 EDT 2015 |
| TEAS STAMP |
USPTO/PSE-XXX.XXX.XXX.XX-
20150713180200957788-8635
9351-54096868a52c2c8795ea
f041bae7cd30b298bc75a8375
8823bc2ab1421b295a22-DA-5
492-20150713174645736119 |
| 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: OP(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86359351/large)
SERIAL NUMBER: 86359351
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 AND STATEMENT OF USE
The applicant, Stonyfield Farm, Inc., having an address of
10 Burton Drive
Londonderry, New Hampshire 03053
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 12/16/2014.
The applicant is filing extension number(s): 1
For International Class 005:
Current identification: Dietary and nutritional supplements
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 12/15/2014, and first used in commerce at least as early as
12/15/2014, 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) image of mark on product.
Original PDF file:
SPN0-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 029:
Current identification: Dairy-based beverages
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 12/15/2014, and first used in commerce at least as early as
12/15/2014, 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) image of mark on product.
Original PDF file:
SPN1-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf
Converted PDF file(s) (1 page)
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 $300 will be submitted with the form, representing payment for the extension fee.
A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.
A fee payment in the total amount of $600 will be submitted.
Petition
Signature: /Douglas G. Verge/ Date Signed: 07/13/2015
Signatory's Name: Douglas G. Verge
Signatory's Position: Attorney for Applicant
Signatory's Phone: (603) 627-8119
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.<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. §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 §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: /Douglas G. Verge/ Date Signed: 07/13/2015
Signatory's Name: Douglas G. Verge
Signatory's Position: Attorney for Applicant
Signatory's Phone: (603) 627-8119
Serial Number: 86359351
Internet Transmission Date: Mon Jul 13 18:02:00 EDT 2015
TEAS Stamp: USPTO/PSE-XXX.XXX.XXX.XX-201507131802009
57788-86359351-54096868a52c2c8795eaf041b
ae7cd30b298bc75a83758823bc2ab1421b295a22
-DA-5492-20150713174645736119
