Statement of Use

FIRE

Breakthrough Photography, LLC

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

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 1553 (Rev 12/2015)
OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87273824
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK http://uspto.report/TM/87273824/mark.png
LITERAL ELEMENT FIRE
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.
OWNER SECTION
NAME Breakthrough Photography, LLC
STREET 6601 Treadwell Blvd.
CITY Austin
STATE Texas
ZIP/POSTAL CODE 78757
COUNTRY United States
EMAIL XXXX
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 009
CURRENT IDENTIFICATION Photographic apparatus, namely, filters
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 11/01/2017
FIRST USE IN COMMERCE DATE 11/01/2017
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\872\738\87273824\xml9\ SOU0002.JPG
SPECIMEN DESCRIPTION a filter bearing the registered mark
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
TOTAL AMOUNT 325
SIGNATURE SECTION
/Christopher Peil/
SIGNATORY'S NAME Christopher Peil
SIGNATORY'S POSITION Attorney of record, California bar member
DATE SIGNED 12/13/2017
SIGNATORY'S PHONE NUMBER 4158964254
DECLARATION SIGNATURE /Christopher Peil/
SIGNATORY'S NAME Christopher Peil
SIGNATORY'S POSITION Attorney of record, California Bar Member
DATE SIGNED 12/13/2017
SIGNATORY'S PHONE NUMBER 4158964254
FILING INFORMATION
SUBMIT DATE Wed Dec 13 20:51:47 EST 2017
TEAS STAMP USPTO/PSE-XXX.XX.XXX.XXX-
20171213205147282180-8727
3824-5107a1992efaeb1ea79f
044c2e0e86c4b38ad1d9c1f40
a1275f39dc77aee6eddf9-CC-
6915-20171213204426443174



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 1553 (Rev 12/2015)
OMB No. 0651-0054 (Exp 10/31/2017)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:
MARK: FIRE(Standard Characters, see http://uspto.report/TM/87273824/mark.png)
SERIAL NUMBER: 87273824



The applicant, Breakthrough Photography, LLC, having an address of
      6601 Treadwell Blvd.
      Austin, Texas 78757
      United States
      XXXX (not authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: Photographic apparatus, namely, filters

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or 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 11/01/2017, and first used in commerce at least as early as 11/01/2017, 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) a filter bearing the registered mark.
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 $125 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.


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 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; for a certification mark application, 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: /Christopher Peil/      Date Signed: 12/13/2017
Signatory's Name: Christopher Peil
Signatory's Position: Attorney of record, California Bar Member
Signatory's Phone: 4158964254

RAM Sale Number: 87273824
RAM Accounting Date: 12/14/2017

Serial Number: 87273824
Internet Transmission Date: Wed Dec 13 20:51:47 EST 2017
TEAS Stamp: USPTO/PSE-XXX.XX.XXX.XXX-201712132051472
82180-87273824-5107a1992efaeb1ea79f044c2
e0e86c4b38ad1d9c1f40a1275f39dc77aee6eddf
9-CC-6915-20171213204426443174



Statement of Use [image/jpeg]

Statement of Use [image/jpeg]


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