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. 88008956 OPTIMUM (Stylized and/or with Design, see http://uspto.report/TM/88008956/mark.png) has been amended as follows: PETITION NOTICE OF APPEAL OR PETITION TO DIRECTOR
I am separately filing a notice of appeal directly with the Trademark Trial and Appeal Board or a 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. To file the appeal go to the Electronic System for Trademark Trials and Appeals (ESTTA). To file the petition go to the Petition to the Director under Trademark Rule 2.146 form.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 009 for Computer software, namely, downloadable and installable litigation software for automated and integrated case management, execution and tracking of electronic discovery related activities, namely, governance, collecting, storing, sharing, processing, reviewing, searching, managing, categorizing, coding, reporting and presenting documents, and management, execution, profiling and prediction of litigation
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/23/2017 and first used in commerce at least as early as 08/23/2017 , and is now in use in such commerce.

Proposed: Class 009 for Computer software, namely, downloadable and installable litigation software for automated and integrated case management, execution and tracking of electronic discovery related activities, namely, governance, collecting, storing, sharing, processing, reviewing, searching, managing, categorizing, coding, reporting and presenting documents, and management, execution, profiling and prediction of litigation
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/23/2017 and first used in commerce at least as early as 08/23/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of screenshots of the OPTIMUM software in use with the logo .
"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 File1
Specimen File2
Specimen File3
Specimen File4

The applicant hereby appoints Sevag Demirjian. Other appointed attorneys are Sevag Demirjian. Sevag Demirjian of Foundation Law Group LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      5200 Lankershim Blvd., Suite 850
      North Hollywood, California 91601
      United States
to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.

The phone number is 3108703977.

The fax number is 310-946-0339.

The email address is sevag@foundationlaw.com

Sevag Demirjian submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Vertical Discovery Holdings Pte Ltd.. Vertical Discovery Holdings Pte Ltd., is located at

      30 Cecil Street
      #19-08 Prudential Tower
      SINGAPORE, 049712
      SG

The phone number is 323-719-1212.

The email address is vijay.iptm@gmail.com; akona@verticaldiscovery.com; sdevarapalli@verticaldiscovery.com

The applicants proposed correspondence information: Sevag Demirjian. Sevag Demirjian of Foundation Law Group LLP, is located at

      5200 Lankershim Blvd., Suite 850
      North Hollywood, California 91601
      United States

The phone number is 3108703977.

The fax number is 310-946-0339.

The email address is sevag@foundationlaw.com

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

SIGNATURE(S)

Signature: /sevag demirjian/      Date: 09/12/2019
Signatory's Name: Sevag Demirjian
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 310-870-3977


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: /sevag demirjian/      Date: 09/12/2019
Signatory's Name: Sevag Demirjian
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 3108703977


Response Signature
Signature: /sevag demirjian/     Date: 09/12/2019
Signatory's Name: Sevag Demirjian
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 3108703977

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Vertical Discovery Holdings Pte Ltd.
   
   30 Cecil Street
   #19-08 Prudential Tower
   SINGAPORE, 049712
Mailing Address:    Sevag Demirjian
   Foundation Law Group LLP
   5200 Lankershim Blvd., Suite 850
   North Hollywood, California 91601
        
RAM Sale Number: 88008956
RAM Accounting Date: 09/12/2019
        
Serial Number: 88008956
Internet Transmission Date: Thu Sep 12 19:37:02 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.XX.XXX-2019091219370267
7002-88008956-610d638e1dc19c42d29135fc19
fcda49fbf1792d771b261173be54b1d5e1f7143-
CC-37018683-20190912193117071277