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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87723712 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
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 SECTION |
MARK |
http://uspto.report/TM/87723712/mark.png |
LITERAL ELEMENT |
CHAMP |
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. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
015 |
DESCRIPTION |
Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic
musical instruments; cases for musical instruments |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1842953 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
06/16/2017 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
015 |
DESCRIPTION |
Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic
musical instruments; cases for musical instruments |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1842953 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
06/16/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as
the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant's foreign application with application number 1842953 has not yet matured into a registration in the applicant's country of
origin. |
PAYMENT SECTION |
TOTAL AMOUNT |
100 |
TOTAL FEES DUE |
100 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Jonathan G. Morton/ |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
2124685483 |
DATE SIGNED |
07/24/2019 |
RESPONSE SIGNATURE |
/Jonathan G. Morton/ |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
2124685483 |
DATE SIGNED |
07/24/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jul 24 21:58:13 EDT 2019 |
TEAS STAMP |
USPTO/POA-XXX.XXX.XX.XXX-
20190724215813408887-8772
3712-620fe5fe3fdfbd7c8aa4
c6f029c34ba294768c486df75
fd3ae163e2a41656ffdec-DA-
6502-20190722025326589059 |
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.
87723712 CHAMP(Standard Characters, see http://uspto.report/TM/87723712/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
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 015 for Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic musical instruments; cases for musical
instruments
Original Filing Basis:
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 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[ Canada application number 1842953 filed 06/16/2017]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 015 for Musical instruments, namely, percussion instruments, stringed musical instruments, woodwind musical instruments, and electronic musical instruments; cases for musical
instruments
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 [ Canada application number 1842953 filed 06/16/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant's foreign application with application number 1842953 has not yet matured into a registration in the applicant's country of origin.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Signature: /Jonathan G. Morton/ Date: 07/24/2019
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2124685483
Response Signature
Signature: /Jonathan G. Morton/ Date: 07/24/2019
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2124685483
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's/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's/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: 87723712
RAM Accounting Date: 07/25/2019
Serial Number: 87723712
Internet Transmission Date: Wed Jul 24 21:58:13 EDT 2019
TEAS Stamp: USPTO/POA-XXX.XXX.XX.XXX-201907242158134
08887-87723712-620fe5fe3fdfbd7c8aa4c6f02
9c34ba294768c486df75fd3ae163e2a41656ffde
c-DA-6502-20190722025326589059