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 |
88049087 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
DATE OF NOTICE OF ABANDONMENT |
07/01/2019 |
MARK SECTION |
MARK |
http://uspto.report/TM/88049087/mark.png |
LITERAL ELEMENT |
55 CHERRY |
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. |
STATEMENT OF USE |
OWNER SECTION |
NAME |
Cherry Los Angeles, LLC |
STREET |
1032 cove way |
CITY |
Beverly Hills |
STATE |
California |
ZIP/POSTAL CODE |
90210 |
COUNTRY |
United States |
EMAIL |
XXXX |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE |
INTERNATIONAL CLASS |
025 |
CURRENT IDENTIFICATION |
Clothing, namely, men's, women's, missy's, juniors', children's and infants' jeans, pants, trousers, capris, leggings, shorts, skorts,
overalls, shortalls, skirts, dresses, tops, t-shirts, sweatshirts, blouses, shirts, jackets, coats, sweaters, vests, cardigans, scarves, socks, bandanas, neckties, belts, boots, sandals, footwear,
hats, caps, headwear, underwear, swimwear, gloves and ties |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
08/01/2018 |
FIRST USE IN COMMERCE DATE |
08/01/2018 |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\880\490\88049087\xml12 \PSE0002.JPG |
SPECIMEN DESCRIPTION |
tee shirt bearing the 55Cherry Trademark |
EXTENSION OF TIME TO FILE A STATEMENT OF USE |
EXTENSION PERIOD(S) |
1 |
ALLOWANCE MAIL DATE |
11/27/2018 |
PAYMENT SECTION |
PETITION FEE |
100 |
NUMBER OF CLASSES IN USE |
1 |
EXTENSION FEE |
125 |
NUMBER OF CLASSES IN USE |
1 |
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] |
100 |
TOTAL AMOUNT |
325 |
SIGNATURE SECTION |
PETITION SIGNATURE |
//joseph Perez// |
SIGNATORY'S NAME |
//joseph Perez// |
SIGNATORY'S POSITION |
//member// |
DATE SIGNED |
07/08/2019 |
DECLARATION SIGNATURE |
//joseph Perez// |
SIGNATORY'S NAME |
//jospeh Perez// |
SIGNATORY'S POSITION |
//Jospeh Perez// |
DATE SIGNED |
07/08/2019 |
FILING INFORMATION |
SUBMIT DATE |
Mon Jul 08 18:49:28 EDT 2019 |
TEAS STAMP |
USPTO/PSE-XXX.XXX.XX.XXX-
20190708184928446318-8804
9087-620d9b6fb74c9d766578
412cd692a5d274cac8a97949f
7bd3dfcd9217b5ff43cd-CC-6
755-20190708184440267177 |
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: 55 CHERRY(Standard Characters, see http://uspto.report/TM/88049087/mark.png)
SERIAL NUMBER: 88049087
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 AND STATEMENT OF USE
The applicant, Cherry Los Angeles, LLC, having an address of
1032 cove way
Beverly Hills, California 90210
United States
XXXX (authorized)
requests revival of the application identified above, submits extension(s) of time and Statement of Use. The Notice of Allowance mailing date was 11/27/2018.
The applicant is filing extension number(s): 1
For International Class 025:
Current identification: Clothing, namely, men's, women's, missy's, juniors', children's and infants' jeans, pants, trousers, capris, leggings, shorts, skorts, overalls, shortalls, skirts, dresses,
tops, t-shirts, sweatshirts, blouses, shirts, jackets, coats, sweaters, vests, cardigans, scarves, socks, bandanas, neckties, belts, boots, sandals, footwear, hats, caps, headwear, underwear,
swimwear, gloves and ties
The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/01/2018, and first used in commerce at least as early as
08/01/2018, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) tee shirt bearing the 55Cherry Trademark.
Specimen File1
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 amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.
A fee payment in the total amount of $325 will be submitted.
Petition
Signature: //joseph Perez// Date Signed: 07/08/2019
Signatory's Name: //joseph Perez//
Signatory's Position: //member//
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: //joseph Perez// Date Signed: 07/08/2019
Signatory's Name: //jospeh Perez//
Signatory's Position: //Jospeh Perez//
Serial Number: 88049087
Internet Transmission Date: Mon Jul 08 18:49:28 EDT 2019
TEAS Stamp: USPTO/PSE-XXX.XXX.XX.XXX-201907081849284
46318-88049087-620d9b6fb74c9d766578412cd
692a5d274cac8a97949f7bd3dfcd9217b5ff43cd
-CC-6755-20190708184440267177