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. 88010898 NX (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8801089 8/large) 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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for medicated massage oil; herbal tinctures for medical purposes; tinctures for medical purposes containing hemp-derived terpenes
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 01/31/2016 and first used in commerce at least as early as 01/31/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: medicated massage oil; massage oil containing CBD derived from hemp with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.; herbal tinctures for medical purposes; tinctures for medical purposes containing hemp-derived terpenesClass 005 for massage oil containing CBD derived from hemp with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight 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 12/20/2018 and first used in commerce at least as early as 12/20/2018 , and is now in use in such commerce.
In International Class 005, the mark was first used at least as early as 12/20/2018 and first used in commerce at least as early as 12/20/2018.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NX Brands Inc., a corporation of New York, having an address of

            Suite 210      1069 Main Street
      Holbrook, New York 11741
      United States

Proposed: NX Brands Inc., a corporation of New York, having an address of
      Suite 210
      1069 Main Street
      Holbrook, New York 11741
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
By way of this response, Applicant would like to amend the filing date of the instant application to be December 20, 2018. Further, Applicant has amended the goods described herein to no longer be for medical purposes, and merely to be massage oils containing CBD derived from hemp having a delta-9 TCH concentration of not more than 0.3 percent on a dry weight basis. Because the massage oils are not ingested, and are not for medical purposes, the FDCA rejection is obviated.

Correspondence Information (current):
      Matthew G. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@mgmiller.legal
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 00790-TM.
Correspondence Information (proposed):
      Matthew G. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@mgmiller.legal
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 00790-TM.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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

SIGNATURE(S)

Signature: /Matthew G. Miller/      Date: 11/09/2020
Signatory's Name: Matthew G. Miller
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 6466036945


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: /Matthew G. Miller/      Date: 11/09/2020
Signatory's Name: Matthew G. Miller
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 6466036945


Response Signature
Signature: /Matthew G. Miller/     Date: 11/09/2020
Signatory's Name: Matthew G. Miller
Signatory's Position: Attorney of Record, New York Bar member

Signatory's Phone Number: 6466036945

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:    Matthew G. Miller
   MG MILLER INTELLECTUAL PROPERTY LAW LLC
   3RD FLOOR
   90 BROAD STREET
   NEW YORK, New York 10004
Mailing Address:    Matthew G. Miller
   MG MILLER INTELLECTUAL PROPERTY LAW LLC
   3RD FLOOR
   90 BROAD STREET
   NEW YORK, New York 10004
        
RAM Sale Number: 88010898
RAM Accounting Date: 11/09/2020
        
Serial Number: 88010898
Internet Transmission Date: Mon Nov 09 18:13:50 ET 2020
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XXX-202011091813501
13785-88010898-7503bd7224f411e28d95c83b5
b7f8fc74b46788e0997f2ef43fe22c696412915e
4-CC-13484389-20201109175547756014