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. 87824830 HB (Stylized and/or with Design, see http://uspto.report/TM/87824830/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 030 for Snacks, namely, gluten and dairy free
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/01/2017 and first used in commerce at least as early as 11/01/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Snacks, namely, gluten and dairy free; Gluten and dairy-free snacks, namely, coffee-based snack foods, granola snacks, and fudge.Class 030 for Gluten and dairy-free snacks, namely, coffee-based snack foods, granola snacks, and fudge.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/01/2017 and first used in commerce at least as early as 11/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 030 . The specimen(s) submitted consists of Screen shot of Health Bomz website showing product available for consumer purchase with the HB mark clearly displayed. .
"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].
Original PDF file:
SPU0-717825162-20190329122241685221_._2018-12-23_-_Specimen_-_Apple_Crisp_-_Health_Bomz.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 029 for Gluten and dairy-free snacks, namely, fruit-based snacks, nut-based snacks.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/01/2017 and first used in commerce at least as early as 11/01/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 029 . The specimen(s) submitted consists of Photograph of product representative of the goods in Class 29 bearing the "HB" mark. .
"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].
Original PDF file:
SPN0-717825162-20190329122241685221_._Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
A. Jabbar Fahim of Patel Gaines, PLLC, having an address of
2030 N Loop 1604 W, Suite 200 San Antonio, Texas 78248
United States
jfahim@patelgaines.com
2104607787
2104607797
The Other Appointed Attorney(s): Cyra Dumitru.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
HEALTH BOMZ LLC
HEALTH BOMZ LLC
13423 BLANCO ROAD #484
SAN ANTONIO
Texas
US
78216

Proposed:
A. Jabbar Fahim of Patel Gaines, PLLC, having an address of
2030 N Loop 1604 W, Suite 200 San Antonio, Texas 78248
United States
jfahim@patelgaines.com;cdumitru@patelgaines.com
2104607787
2104607797



FEE(S)
Fee(s) in the amount of $375 is being submitted.

SIGNATURE(S)

Signature: /Brian Conaway/      Date: 03/29/2019
Signatory's Name: Brian Conaway
Signatory's Position: Owner
Signatory's Phone Number: 2145004468


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: /Brian Conaway/      Date: 03/29/2019
Signatory's Name: Brian Conaway
Signatory's Position: Owner
Signatory's Phone Number: 2145004468


Response Signature
Signature: /Brian Conaway/     Date: 03/29/2019
Signatory's Name: Brian Conaway
Signatory's Position: Owner

Signatory's Phone Number: 2145004468

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.

Mailing Address:    A. Jabbar Fahim
   Patel Gaines, PLLC
   2030 N Loop 1604 W, Suite 200
   San Antonio, Texas 78248
        
RAM Sale Number: 87824830
RAM Accounting Date: 04/01/2019
        
Serial Number: 87824830
Internet Transmission Date: Fri Mar 29 14:31:35 EDT 2019
TEAS Stamp: USPTO/POA-XX.XX.XX.XXX-20190329143135274
452-87824830-620617a0bb382a57e27bdefe8aa
815731f7239265e3d55f807b31b27c32d32831-C
C-877-20190329122241685221