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. 88035917 DELOS(Standard Characters, see http://uspto.report/TM/88035917/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

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

This is in response to the Non-Final Office Action, dated March 24, 2020, with respect to Application Serial No. 88035917 (the “Application”) to register the mark DELOS in standard characters. Applicant Delos Living LLC (“Applicant”) has agreed to amend the identification of goods and services in accordance with the Examiner’s suggestions and is enclosing herewith the required filing fees for each international class not covered by the fee already paid. In view of the foregoing, Applicant submits that its Application is in condition for allowance, and respectfully requests that the Examiner withdraw the refusal of registration, and allow the Application to proceed to publication on the Principal Register.

EVIDENCE
Evidence has been attached: See Applicant's proposed amendments to the identification of goods/services, herein.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for developing standards and practices for the design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools; testing of air quality, water quality, light, acoustics, thermal and humidity levels, measurement evaluations and monitoring services in the design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools, to ensure conformance with quality standards; consulting services in the field of design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools; design of indoor environments, namely, gyms, restaurants, health clubs, and schools; design of interior decor and furnishings
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: developing standards and practices for the design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools; testing of air quality, water quality, light, acoustics, thermal and humidity levels, measurement evaluations and monitoring services in the design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools, to ensure conformance with quality standards; consulting services in the field of design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools; design of indoor environments, namely, gyms, restaurants, health clubs, and schools; design of interior decor and furnishingsClass 042 for developing standards and practices for the design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools; testing of air quality, water quality, light, acoustics, thermal and humidity levels, measurement evaluations and monitoring services in the design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools, to ensure conformance with quality standards; design of indoor environments, namely, gyms, restaurants, health clubs, and schools; design of interior decor and furnishings
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 business organization and operation consultancy in the field of design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools
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 044 for consultation services in the field of health related to design and operation of indoor environments, namely, gyms, restaurants, health clubs, and schools
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Delos Living LLC, a limited liability company legally organized under the laws of Delaware, having an address of

            4th Floor      860 Washington Street
      New York, New York 10014
      United States

Proposed: Delos Living LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      4th Floor
      860 Washington Street
      New York, New York 10014
      United States
      Email Address: XXXX
Correspondence Information (current):
      Elyse C. Pillitteri
      PRIMARY EMAIL FOR CORRESPONDENCE: elyse.pillitteri@vincenti.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): paul.vincenti@vincenti.com; vincentiTM@vincenti.com
Correspondence Information (proposed):
      Elyse C. Pillitteri
      PRIMARY EMAIL FOR CORRESPONDENCE: elyse.pillitteri@vincenti.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): vincentiTM@vincenti.com

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 $650 is being submitted.

SIGNATURE(S)

Signature: /Elyse C. Pillitteri/      Date: 10/07/2020
Signatory's Name: Elyse C. Pillitteri
Signatory's Position: Attorney of Record, New York Bar member
Signatory's Phone Number: 2125094600


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: /Elyse C. Pillitteri/      Date: 10/07/2020
Signatory's Name: Elyse C. Pillitteri
Signatory's Position: Attorney of Record, New York Bar member
Signatory's Phone Number: 2125094600


Response Signature
Signature: /Elyse C. Pillitteri/     Date: 10/07/2020
Signatory's Name: Elyse C. Pillitteri
Signatory's Position: Attorney of Record, New York Bar member

Signatory's Phone Number: 2125094600

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:    Elyse C. Pillitteri
   Vincenti & Vincenti, P.C.
   Suite 1310
   61 Broadway
   New York, New York 10006
Mailing Address:    Elyse C. Pillitteri
   Vincenti & Vincenti, P.C.
   Suite 1310
   61 Broadway
   New York, New York 10006
        
RAM Sale Number: 88035917
RAM Accounting Date: 10/07/2020
        
Serial Number: 88035917
Internet Transmission Date: Wed Oct 07 14:15:59 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XX-2020100714155954
6331-88035917-75038f566c89acee2f76198615
f3d33a5736de525bc7e898d4996227be6c0825d7
4-CC-15577934-20201007140335535357