Petition to Director Received

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 2301 (Rev 02/2020)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 2301 (Rev 02/2020)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition to Director

To the Commissioner for Trademarks:

Application serial no. 86970282 BIRDIE(Standard Characters, see http://uspto.report/TM/86970282/mark.png) has been amended as follows: PETITION
Petition Statement
Request acceptance of SOU where the use in commerce date was after the expiration of the 36-month statutory deadline as a result of COVID-19 outbreak.

EXPLANATION OF FILING
Statement of Facts As a response to the devastating effects of the COVID-19 outbreak, the CARES Act granted the USPTO the ability to “toll, waive, adjust, or modify any timing deadline established by the Trademark Act, or regulations promulgated thereunder, in effect during the emergency period described in subsection 12004(e) of the CARES Act, if the Director of the USPTO determines that the emergency related to such period: (1) materially affects the functioning of the Office; (2) prejudices the rights of applicants, registrants, patent and trademark owners, or others appearing before the Office; or (3) prevents applicants, registrants, patent and trademark owners, or others appearing before the Office from filing a document or fee with the Office.” See USPTO’s Notice of Extended Waiver of Trademark-Related Timing Deadlines under the Coronavirus Aid, Relief, and Economic Security Act and Other Relief Available to Trademark Applicants and Trademark Owners (“Notice”) dated March 31, 2020 available at http://www.gov.uspto.report/sites/default/files/documents/TM-Notice-CARES-Act.pdf, and updated Notice dated April 28, 2020 available at http://www.gov.uspto.report/sites/default/files/documents/TM-Notice-CARES-Act-2020-04.pdf. Pursuant to the CARES Act, the USPTO issued notices and FAQs that set forth relief for applicants “unable to meet trademark-related timing deadlines due to the COVID-19 outbreak.” Id.

EVIDENCE

Original PDF file:
evi_17356221116-101501449 _._EXHIBIT_A_-_86970282_S OU_from_5.31.20.pdf
Converted PDF file(s) ( 11 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: ROSIEQ LLC, a limited liability company legally organized under the laws of New York, having an address of
      90 STATE STREET STE 700
      ALBANY, New York 12207
      United States
      Email Address: XXXX

Proposed: ROSIEQ LLC, a limited liability company legally organized under the laws of New York, having an address of
      90 STATE STREET STE 700
      ALBANY, New York 12207
      United States
      Email Address: XXXX
Correspondence Information (current):
      Philip Z Kimball
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@pzklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pzkimball@pzklaw.com
Correspondence Information (proposed):
      Philip Z Kimball
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@pzklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pzkimball@pzklaw.com

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 $100 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: /Philip Z Kimball/      Date: 08/31/2020
Signatory's Name: Philip Z Kimball
Signatory's Position: Atorney of record, New York bar member
Signatory's Phone Number: 646-801-8363



Signature: /Philip Z Kimball/     Date: 08/31/2020
Signatory's Name: Philip Z Kimball
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 646-801-8363

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:    Philip Z Kimball
   Philip Z Kimball PLLC
   
   101 Clinton Street, Suite 4E
   Brooklyn, New York 11201
Mailing Address:    Philip Z Kimball
   Philip Z Kimball PLLC
   101 Clinton Street, Suite 4E
   Brooklyn, New York 11201
        
RAM Sale Number: 86970282
RAM Accounting Date: 08/31/2020
        
Serial Number: 86970282
Internet Transmission Date: Mon Aug 31 10:31:40 ET 2020
TEAS Stamp: USPTO/PGP-XXX.XX.XXX.XXX-202008311031404
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949c16c7fd0b62a6c56a96de09ba3511e5df4a5f
f-CC-31396642-20200831101501449076