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 NUMBER86858400
LAW OFFICE ASSIGNEDLAW OFFICE 101
DATE OF NOTICE OF ABANDONMENT 08/28/2017
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/86858400/large
LITERAL ELEMENT AQUAFLEX
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.
EXTENSION OF TIME TO FILE STATEMENT OF USE
OWNER SECTION (current)
NAME SMITH, SCOTT
STREET 230 STARBOARD LANE
CITY OSTERVILLE
ZIP/POSTAL CODE 02655
COUNTRY United States
OWNER SECTION (proposed)
NAME SMITH, SCOTT
STREET 230 STARBOARD LANE
CITY OSTERVILLE
STATE Massachusetts
ZIP/POSTAL CODE 02655
COUNTRY United States
CORRESPONDENCE SECTION (current)
NAMEBRIAN M. DINGMAN
FIRM NAMEDINGMAN, MCINNES & MCLANE, LLP
INTERNAL ADDRESSSUITE 108
STREET114 TURNPIKE ROAD
CITYWESTBOROUGH
STATEMassachusetts
POSTAL CODE01581
COUNTRYUnited States
PHONE5088989494
EMAILlyn@dmmiplaw.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET/REFERENCE NUMBER57700-00001
CORRESPONDENCE SECTION (proposed)
NAMEBRIAN M. DINGMAN
FIRM NAMEDingman IP Law, PC
INTERNAL ADDRESSSUITE 108
STREET114 TURNPIKE ROAD
CITYWESTBOROUGH
STATEMassachusetts
POSTAL CODE01581
COUNTRYUnited States
PHONE5088989494
EMAILdave@dingmaniplaw.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET/REFERENCE NUMBER57700-00001
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 011
CURRENT IDENTIFICATION material used to remove contaminants from air, water, and soil, namely external filtering device for use in local contaminant area for removing oil and other contaminants from affected areas
GOODS OR SERVICES KEEP ALL LISTED
EXTENSION SECTION
EXTENSION PERIOD(S) 1
ALLOWANCE MAIL DATE01/24/2017
PAYMENT SECTION
PETITION FEE 100
NUMBER OF CLASSES IN USE 1
EXTENSION FEE 125
TOTAL AMOUNT225
SIGNATURE SECTION
PETITION SIGNATURE/Brian M. Dingman/
SIGNATORY'S NAME Brian M. Dingman
SIGNATORY'S POSITION Attorney of Record, MA Bar Member
DATE SIGNED 09/01/2017
SIGNATORY'S PHONE NUMBER 5088989494
DECLARATION SIGNATURE/Brian M. Dingman/
SIGNATORY'S NAME Brian M. Dingman
SIGNATORY'S POSITION Attorney of Record, MA Bar Member
DATE SIGNED 09/01/2017
SIGNATORY'S PHONE NUMBER 5088989494
FILING INFORMATION
SUBMIT DATE Fri Sep 01 14:08:23 EDT 2017
TEAS STAMP USPTO/PSE-XX.XXX.XXX.XXX-
20170901140823752455-8685
8400-510e7a9fb72d616776bc
271d75c29bfc0759fc08de71a
f7813ca10948bcb568b9b-CC-
1371-20170901140303060708


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: AQUAFLEX(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/86858400/large)
SERIAL NUMBER: 86858400

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 TO FILE STATEMENT OF USE
The applicant, SMITH, SCOTT, having an address of
      230 STARBOARD LANE
      OSTERVILLE, Massachusetts 02655
      United States
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 01/24/2017.

The applicant is filing extension number(s): 1


For International Class 011:
Current identification: material used to remove contaminants from air, water, and soil, namely external filtering device for use in local contaminant area for removing oil and other contaminants from affected areas

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


The applicant's current Correspondence Information: BRIAN M. DINGMAN of  DINGMAN, MCINNES & MCLANE, LLP
      SUITE 108
      114 TURNPIKE ROAD
      WESTBOROUGH, Massachusetts 01581
      United States
The docket/reference number is 57700-00001.

The applicant's proposed Correspondence Information: BRIAN M. DINGMAN of  Dingman IP Law, PC
      SUITE 108
      114 TURNPIKE ROAD
      WESTBOROUGH, Massachusetts 01581
      United States
The docket/reference number is 57700-00001.


The phone number is 5088989494.

The email address is dave@dingmaniplaw.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 $125 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $225 will be submitted.

Petition




Signature: /Brian M. Dingman/ Date Signed: 09/01/2017
Signatory's Name: Brian M. Dingman
Signatory's Position: Attorney of Record, MA Bar Member
Signatory's Phone: 5088989494
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: /Brian M. Dingman/ Date Signed: 09/01/2017
Signatory's Name: Brian M. Dingman
Signatory's Position: Attorney of Record, MA Bar Member
Signatory's Phone: 5088989494

Serial Number: 86858400
Internet Transmission Date: Fri Sep 01 14:08:23 EDT 2017
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-201709011408237
52455-86858400-510e7a9fb72d616776bc271d7
5c29bfc0759fc08de71af7813ca10948bcb568b9
b-CC-1371-20170901140303060708