| 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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| SERIAL NUMBER | 88043029 |
| LAW OFFICE ASSIGNED | LAW OFFICE 109 |
| DATE OF NOTICE OF ABANDONMENT | 01/27/2020 |
| 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 | |
| MARK SECTION | |
| MARK | https://tmng-al.uspto.gov/resting2/api/img/88043029/large |
| LITERAL ELEMENT | MAKE POSSIBLE |
| 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. |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| Educational services, namely, providing educational conferences, symposiums and discussions in the field of environmental and social causes; Entertainment services, namely, organizing and presenting festivals featuring a variety of activities, namely, art exhibitions, musical performances, speakers, and immersive virtual reality and augmented reality content | |
| FIRST USE ANYWHERE DATE | At least as early as 03/01/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 03/01/2018 |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 041 |
| DESCRIPTION | |
| Educational services, namely, providing educational conferences, symposiums and discussions in the field of environmental and social causes; Entertainment services, namely, organizing and presenting festivals featuring a variety of activities, namely, art exhibitions, musical performances, speakers, and immersive virtual reality and augmented reality content | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 03/01/2018 |
| FIRST USE IN COMMERCE DATE | At least as early as 03/01/2018 |
| STATEMENT TYPE | "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 FILE NAME(S) | |
| ORIGINAL PDF FILE | SPU0-70354322-20200206151628079919_._MAKE_POSSIBLE_Specimen.pdf |
| CONVERTED PDF FILE(S)
(1 page) | \\TICRS\EXPORT17\IMAGEOUT17\880\430\88043029\xml14\POA0002.JPG |
| ORIGINAL PDF FILE | SPU0-70354322-20200206151628079919_._make_possible_on_our_email_signatures.pdf |
| CONVERTED PDF FILE(S)
(1 page) | \\TICRS\EXPORT17\IMAGEOUT17\880\430\88043029\xml14\POA0003.JPG |
| SPECIMEN DESCRIPTION | The specimens consist of the mark on the applicant's website in connection to events hosted by applicant's business, as well as the mark on the business card and signature line of the applicant's company that offers educational and entertainment services. |
| DELETED FILING BASIS | 1(b) |
| ATTORNEY SECTION (current) | |
| NAME | David Kostiner |
| ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
| YEAR OF ADMISSION | NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
| FIRM NAME | Counsel LLP |
| STREET | 230 California Street, Suite 201 |
| CITY | San Francisco |
| STATE | California |
| POSTAL CODE | 94111 |
| COUNTRY | US |
| PHONE | 4152270555 |
| FAX | 4152279419 |
| dkostiner@counselllp.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| ATTORNEY SECTION (proposed) | |
| NAME | David Kostiner |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | Counsel LLP |
| STREET | 230 California Street, Suite 201 |
| CITY | San Francisco |
| STATE | California |
| POSTAL CODE | 94111 |
| COUNTRY | United States |
| PHONE | 4152270555 |
| FAX | 4152279419 |
| dkostiner@counselllp.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| CORRESPONDENCE SECTION (current) | |
| NAME | David Kostiner |
| FIRM NAME | Counsel LLP |
| STREET | 230 California Street, Suite 201 |
| CITY | San Francisco |
| STATE | California |
| POSTAL CODE | 94111 |
| COUNTRY | US |
| PHONE | 4152270555 |
| FAX | 4152279419 |
| dkostiner@counselllp.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| CORRESPONDENCE SECTION (proposed) | |
| NAME | David Kostiner |
| FIRM NAME | Counsel LLP |
| STREET | 230 California Street, Suite 201 |
| CITY | San Francisco |
| STATE | California |
| POSTAL CODE | 94111 |
| COUNTRY | United States |
| PHONE | 4152270555 |
| FAX | 4152279419 |
| dkostiner@counselllp.com | |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| PAYMENT SECTION | |
| TOTAL AMOUNT | 100 |
| TOTAL FEES DUE | 100 |
| SIGNATURE SECTION | |
| PETITION SIGNATURE | /David Kostiner/ |
| SIGNATORY'S NAME | David Kostiner |
| SIGNATORY'S POSITION | Attorney of record |
| SIGNATORY'S PHONE NUMBER | 4152270555 |
| DATE SIGNED | 02/06/2020 |
| DECLARATION SIGNATURE | /David Kostiner/ |
| SIGNATORY'S NAME | David Kostiner |
| SIGNATORY'S POSITION | Attorney of record |
| SIGNATORY'S PHONE NUMBER | 4152270555 |
| DATE SIGNED | 02/06/2020 |
| RESPONSE SIGNATURE | /David Kostiner/ |
| SIGNATORY'S NAME | David Kostiner |
| SIGNATORY'S POSITION | Attorney of record |
| SIGNATORY'S PHONE NUMBER | 4152270555 |
| DATE SIGNED | 02/06/2020 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 06 15:36:13 EST 2020 |
| TEAS STAMP | USPTO/POA-XX.XX.XX.XX-202 00206153613236566-8804302 9-700a4b697b77aa97a40101d 3bd6613333098294a336d5563 5d7744dc73380c2aa-CC-3611 2211-20200206151628079919 |
| 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) |
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.