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)

---

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. 88024092 NEXEL(Standard Characters, see http://uspto.report/TM/88024092/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 038 for Telecommunication services, namely, voice mail services, toll free telephone services, call management and phone administration, visual voicemail and voicemail-to-email services, call logging, caller ID Control and wireless PBX services; Voice over Internet protocol (VOIP) services, Session Initiation Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Proposed:
Tracked Text Description: Telecommunication services, namely, voice mail services, toll free telephone services, call management and phone administration, visual voicemail and voicemail-to-email services, call logging, caller ID Control and wireless PBX services; Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a dedicated toll-free number, visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services; Voice over Internet protocol (VOIP) services, Session Initiation Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messagingClass 038 for Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a dedicated toll-free number, visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services; Voice over Internet protocol (VOIP) services, Session Initiation Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Call management and phone administration, namely, telephone operator services and management of telephone call centers for others
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

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

SIGNATURE(S)

Signature: /Derek Fahey/      Date: 03/15/2019
Signatory's Name: Derek Fahey
Signatory's Position: Attorney of Record
Signatory's Phone Number: 9543323584


Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Derek Fahey/     Date: 03/15/2019
Signatory's Name: Derek Fahey
Signatory's Position: Attorney of Record

Signatory's Phone Number: 9543323584

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/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/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: 88024092
RAM Accounting Date: 03/15/2019
        
Serial Number: 88024092
Internet Transmission Date: Fri Mar 15 10:15:35 EDT 2019
TEAS Stamp: USPTO/POA-XXX.XXX.XX.XXX-201903151015350
89091-88024092-620ce1215f367ac5843a3b6ec
d5932258490e0973ca2254634edc345c465659cb
b-CC-7976-20190315101159788738