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 2195 (Rev 09/2004) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88026557 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
DATE OF NOTICE OF ABANDONMENT |
09/07/2020 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
BREAKFAST IN MEMPHIS |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
PETITION |
PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests
the USPTO to revive the abandoned application. |
NOTICE OF ALLOWANCE |
Notice of Allowance was received by applicant. |
EXTENSION OF TIME TO FILE STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Mueller, Mark |
MAILING ADDRESS |
705 San Antonio Street |
CITY |
Austin |
STATE |
Texas |
ZIP/POSTAL CODE |
78701 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
512-299-5329 |
FAX |
5126283390 |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Mueller, Mark |
MAILING ADDRESS |
705 San Antonio Street |
CITY |
Austin |
STATE |
Texas |
ZIP/POSTAL CODE |
78701 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
512-299-5329 |
FAX |
5126283390 |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
035 |
CURRENT IDENTIFICATION |
Promoting public awareness of the influence and role of Memphis-based organizations and actors in significant post-World War II political and
historical events |
GOODS OR SERVICES |
KEEP ALL LISTED |
EXTENSION SECTION |
EXTENSION PERIOD(S) |
3 |
ONGOING EFFORT |
product or service research or development |
ALLOWANCE MAIL DATE |
02/05/2019 |
CORRESPONDENCE INFORMATION (current) |
NAME |
ROBERT KLEINMAN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
robert@commonsensecounsel.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
breanne@commonsensecounsel.com; tradeamark@commonsensecounsel.com; amy@commonsensecounsel.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Robert Kleinman |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
robert@commonsensecounsel.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
breanne@commonsensecounsel.com; tradeamark@commonsensecounsel.com; amy@commonsensecounsel.com |
PAYMENT SECTION |
PETITION FEE |
100 |
NUMBER OF CLASSES IN USE |
1 |
EXTENSION FEE |
125 |
TOTAL AMOUNT |
225 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/robert kleinman/ |
SIGNATORY'S NAME |
Robert Kleinman |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
09/08/2020 |
SIGNATORY'S PHONE NUMBER |
5122995329 |
DECLARATION SIGNATURE |
/robert kleinman/ |
SIGNATORY'S NAME |
Robert Kleinman |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
09/08/2020 |
SIGNATORY'S PHONE NUMBER |
5122995329 |
FILING INFORMATION |
SUBMIT DATE |
Tue Sep 08 14:59:25 ET 2020 |
TEAS STAMP |
USPTO/PSE-XX.XXX.XX.XXX-2
0200908145925777527-88026
557-750c789251dc6e45c4a81
ef4b5887aceb2c84ad7a93aaf
45cfe64c0d99ca1b042-CC-59
246211-202009081457029200
64 |
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 2195 (Rev 09/2004) |
OMB No. 0651-0054 (Exp 12/31/2020) |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
To the Commissioner for Trademarks:
MARK: BREAKFAST IN MEMPHIS(Standard Characters, see
mark )
SERIAL NUMBER: 88026557
PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice
of Allowance was received by applicant.
EXTENSION OF TIME TO FILE STATEMENT OF USE
The owner proposes to amend the following:
Current: Mueller, Mark, having an address of
705 San Antonio Street
Austin, Texas 78701
United States
Phone: 512-299-5329
Fax: 5126283390
Email: XXXX
Proposed: Mueller, Mark, having an address of
705 San Antonio Street
Austin, Texas 78701
United States
512-299-5329
5126283390
Email: XXXX
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89. The Notice of Allowance mailing date was
02/05/2019.
The applicant is filing extension number(s): 3
The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or
development
For International Class 035:
Current identification: Promoting public awareness of the influence and role of Memphis-based organizations and actors in significant post-World War II political and historical events
The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently
modified for this specific class.
Correspondence Information (current):
ROBERT KLEINMAN
PRIMARY EMAIL FOR CORRESPONDENCE: robert@commonsensecounsel.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): breanne@commonsensecounsel.com; tradeamark@commonsensecounsel.com; amy@commonsensecounsel.com
Correspondence Information (proposed):
Robert Kleinman
PRIMARY EMAIL FOR CORRESPONDENCE: robert@commonsensecounsel.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): breanne@commonsensecounsel.com; tradeamark@commonsensecounsel.com; amy@commonsensecounsel.com
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed,
and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.
A fee payment in the amount of $125 will be submitted with the form, representing payment for the extension fee.
A fee payment in the total amount of $225 will be submitted.
Petition
Signature: /robert kleinman/ Date Signed: 09/08/2020
Signatory's Name: Robert Kleinman
Signatory's Position: Attorney
Signatory's Phone: 5122995329
Declaration
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 all statements made of his/her own knowledge are true and that all
statements made on information and belief are believed to be true.
STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time
to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.
STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered;
for a trademark or
service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified;
for a
collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or
in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark application, the applicant is
exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the
goods/services/collective membership organization in commerce.
STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d),
for a trademark or service mark application,
the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified;
for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of
the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark
application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the
notice of allowance or as subsequently modified 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; and that 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: /robert kleinman/ Date Signed: 09/08/2020
Signatory's Name: Robert Kleinman
Signatory's Position: Attorney
Signatory's Phone: 5122995329
Serial Number: 88026557
Internet Transmission Date: Tue Sep 08 14:59:25 ET 2020
TEAS Stamp: USPTO/PSE-XX.XXX.XX.XXX-2020090814592577
7527-88026557-750c789251dc6e45c4a81ef4b5
887aceb2c84ad7a93aaf45cfe64c0d99ca1b042-
CC-59246211-20200908145702920064