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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 87824830 |
LAW OFFICE ASSIGNED | LAW OFFICE 127 |
DATE OF NOTICE OF ABANDONMENT | 02/15/2019 |
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 FILE NAME | http://uspto.report/TM/87824830/mark.png |
LITERAL ELEMENT | HB |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
GOODS AND/OR SERVICES SECTION (030)(current) | |
INTERNATIONAL CLASS | 030 |
DESCRIPTION | Snacks, namely, gluten and dairy free |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/01/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2017 |
GOODS AND/OR SERVICES SECTION (030)(proposed) | |
INTERNATIONAL CLASS | 030 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
Gluten and dairy-free snacks, namely, coffee-based snack foods, granola snacks, and fudge. | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/01/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2017 |
STATEMENT TYPE | "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 FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-717825162-20190329122241685221_._2018-12-23_-_Specimen_-_Apple_Crisp_-_Health_Bomz.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\878\248\87824830\xml7\POA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\878\248\87824830\xml7\POA0003.JPG | |
SPECIMEN DESCRIPTION | Screen shot of Health Bomz website showing product available for consumer purchase with the HB mark clearly displayed. |
GOODS AND/OR SERVICES SECTION (029)(class added) | |
INTERNATIONAL CLASS | 029 |
DESCRIPTION | |
Gluten and dairy-free snacks, namely, fruit-based snacks, nut-based snacks. | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 10/01/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 11/01/2017 |
STATEMENT TYPE | "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 FILE NAME(S) | |
ORIGINAL PDF FILE | SPN0-717825162-20190329122241685221_._Specimen.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\878\248\87824830\xml7\POA0004.JPG |
SPECIMEN DESCRIPTION | Photograph of product representative of the goods in Class 29 bearing the "HB" mark. |
NEW ATTORNEY SECTION | |
NAME | A. Jabbar Fahim |
FIRM NAME | Patel Gaines, PLLC |
OTHER APPOINTED ATTORNEY | Cyra Dumitru |
STREET | 2030 N Loop 1604 W, Suite 200 |
CITY | San Antonio |
STATE | Texas |
ZIP/POSTAL CODE | 78248 |
COUNTRY | United States |
PHONE | 2104607787 |
FAX | 2104607797 |
jfahim@patelgaines.com | |
AUTHORIZED EMAIL COMMUNICATION | Yes |
CORRESPONDENCE SECTION | |
ORIGINAL ADDRESS | HEALTH BOMZ LLC HEALTH BOMZ LLC 13423 BLANCO ROAD #484 SAN ANTONIO Texas US 78216 |
NEW CORRESPONDENCE SECTION | |
NAME | A. Jabbar Fahim |
FIRM NAME | Patel Gaines, PLLC |
STREET | 2030 N Loop 1604 W, Suite 200 |
CITY | San Antonio |
STATE | Texas |
ZIP/POSTAL CODE | 78248 |
COUNTRY | United States |
PHONE | 2104607787 |
FAX | 2104607797 |
jfahim@patelgaines.com;cdumitru@patelgaines.com | |
AUTHORIZED EMAIL COMMUNICATION | Yes |
PAYMENT SECTION | |
NUMBER OF CLASSES | 1 |
APPLICATION FOR REGISTRATION PER CLASS | 275 |
TOTAL FEES DUE | 375 |
SIGNATURE SECTION | |
PETITION SIGNATURE | /Brian Conaway/ |
SIGNATORY'S NAME | Brian Conaway |
SIGNATORY'S POSITION | Owner |
SIGNATORY'S PHONE NUMBER | 2145004468 |
DATE SIGNED | 03/29/2019 |
DECLARATION SIGNATURE | /Brian Conaway/ |
SIGNATORY'S NAME | Brian Conaway |
SIGNATORY'S POSITION | Owner |
SIGNATORY'S PHONE NUMBER | 2145004468 |
DATE SIGNED | 03/29/2019 |
RESPONSE SIGNATURE | /Brian Conaway/ |
SIGNATORY'S NAME | Brian Conaway |
SIGNATORY'S POSITION | Owner |
SIGNATORY'S PHONE NUMBER | 2145004468 |
DATE SIGNED | 03/29/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Mar 29 14:31:35 EDT 2019 |
TEAS STAMP | USPTO/POA-XX.XX.XX.XXX-20 190329143135274452-878248 30-620617a0bb382a57e27bde fe8aa815731f7239265e3d55f 807b31b27c32d32831-CC-877 -20190329122241685221 |
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) |
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.