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 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 2194 (Rev 03/2012)

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

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

To the Commissioner for Trademarks:

Application serial no. 87621796 MUSTANG(Standard Characters, see http://uspto.report/TM/87621796/mark.png) has been amended as follows: PETITION NOTICE OF APPEAL OR PETITION TO DIRECTOR
I elect not to file a notice of appeal with the Trademark Trial and Appeal Board or petition to Director. I understand that additional time to file either an appeal or petition to the Director will not be provided. Failure to file an appeal may result in my application being abandoned for an incomplete response even if this petition is granted.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

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The single remaining issue raised by the Examiner in her September 9, 2018 Office Action was a 2(d) rejection based on Registration No. 2221317.  Registration No. 2221317 has a registration date of February 2, 1999.  Therefore, there was an initial deadline of February 2, 2019 to file Section 8 and 9 Declarations to maintain Registration No. 2221317.  As of the date of this Response, no Section 8 or 9 Declarations have been filed according to TSDR and TESS.  Because the cited registration has not been renewed to date, Applicant respectfully requests that the Examiner reconsider her 2(d) rejection and place this application in suspension pending the expiration of the sixth month grace period to renew Registration No. 2221317. 

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

SIGNATURE(S)

Signature: /Shamus T. O'Doherty/      Date: 05/14/2019
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, WA bar member
Signatory's Phone Number: (509)747-2052


Response Signature
Signature: /Shamus T. O'Doherty/     Date: 05/14/2019
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: (509)747-2052

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 87621796
RAM Accounting Date: 05/15/2019
        
Serial Number: 87621796
Internet Transmission Date: Tue May 14 19:24:26 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.X.XXX-20190514192426834
058-87621796-620f284e4cf8e5b3f23c8af14ed
14ec420247c383f3d7f388ee09378e04274e4e7-
CC-8339-20190514190941426311