TEAS Petition to Revive Abandon Applic

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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 2194 (Rev 03/2012)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 87266793 KEVIN LEVRONE SIGNATURE SERIES (Stylized and/or with Design, see http://uspto.report/TM/87266793/mark.png) has been amended as follows: PETITION Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

MARK
Applicant proposes to amend the mark as follows:
Current: KEVIN LEVRONE SIGNATURE SERIES (Stylized and/or with Design, see http://uspto.report/TM/87266793/mark.png)
Proposed: KEVIN LEVRONE SIGNATURE SERIES (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consists of an image of a muscular human being in a flexed pose, located above the wording "KEVIN LEVRONE SIGNATURE SERIES" with "KEVIN LEVRONE" in bold script above the wording "SIGNATURE SERIES" in stylized letters.

EVIDENCE
Evidence in the nature of Response to item 2D Response to item 2C My disclaimer requirement has been attached.
Original PDF file:
evi_711253151-20170821123425655216_._2D_Response.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_711253151-20170821123425655216_._2C_Response.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_711253151-20170821123425655216_._Disclaimer.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Dietary supplements
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2014 and first used in commerce at least as early as 01/01/2015 , and is now in use in such commerce.

Proposed: Class 005 for Dietary supplements
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2014 and first used in commerce at least as early as 01/01/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 005 . The specimen(s) submitted consists of The mark consists of an image of a muscular human being in a flexed pose, located above the wording ?KEVIN LEVRONE SIGNATURE SERIES? with ?KEVIN LEVRONE? in bold script above the wording ?SIGNATURE SERIES? in stylized letters. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Poland application number 013683958 filed 01/28/2015]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Levrone, Kevin, DBA Levrone Global, LLC, a limited liability company legally organized under the laws of Wyoming, having an address of
      P.O. Box 637
      Hanover, Maryland 21076
      United States

      XXXX (authorized)
      516-659-0079
Proposed: Levrone Global, LLC, DBA Levrone Global, LLC, a limited liability company legally organized under the laws of Wyoming, having an address of
      P.O. Box 952
      Hanover, Maryland 21076
      United States
      XXXX (authorized)
      516-659-0079

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Signature Series apart from the mark as shown.


Stippling as a feature of the mark
The stippling is a feature of the mark and does not indicate color.


Stippling for shading
The stippling is for shading purposes only.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 8726725.


Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Kevin Levrone, whose consent(s) to register is made of record.

Original PDF file:
consent-711253151-123425655_._2C_Response.pdf
Converted PDF file(s) ( 1 page)
Consent File1

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /James Villepigue/      Date: 08/21/2017
Signatory's Name: James Villepigue
Signatory's Position: President
Signatory's Phone Number: 5166590079


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: /James Villepigue/      Date: 08/21/2017
Signatory's Name: James Villepigue
Signatory's Position: President
Signatory's Phone Number: 5166590079



Signature: /James Villepigue/      Date: 08/21/2017
Signatory's Name: James Villepigue
Signatory's Position: President
Signatory's Phone Number: 5166590079


Response Signature
Signature: /Kevin Levrone/     Date: 08/21/2017
Signatory's Name: kevin Levrone
Signatory's Position: Owner

Signatory's Phone Number: 4242881733

Response Signature
Signature: /James Villepigue/     Date: 08/21/2017
Signatory's Name: James Villepigue
Signatory's Position: President

Signatory's Phone Number: 5166590079

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the owner/holder or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
RAM Sale Number: 87266793
RAM Accounting Date: 08/21/2017
        
Serial Number: 87266793
Internet Transmission Date: Mon Aug 21 13:44:23 EDT 2017
TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20170821134423198
599-87266793-510495a5fe21b3160dc73aab5f4
79fd57459dd4d6251ec220972941249b59e891-C
C-13632-20170821123425655216