| To: | Michael Reid (Breathelove04@gmail.com) |
| Subject: | TRADEMARK APPLICATION NO. 88051622 - BREATHE LOVE - N/A |
| Sent: | 5/20/2020 10:51:55 AM |
| Sent As: | ECOMPET |
| Attachments: |
United States Patent and Trademark Office (USPTO)
|
U.S. Application Serial No. 88051622
U.S. Registration No.
Mark: BREATHE LOVE
|
|
|
Correspondence Address: MICHAEL REID 963 MACKENZIE DRIVE ANTIOCH, IL 60002
|
|
|
Owner: Michael Reid
|
|
|
Reference/Docket No. N/A
Correspondence Email Address: Breathelove04@gmail.com |
|
PETITION DECISION
Issue date: May 20, 2020
The above-identified application abandoned on June 11, 2019. A petition to revive an abandoned application based upon unintentional delay in filing a response to an Office action must be filed within two months of the mailing date of the notice of abandonment. 37 C.F.R. §2.66. In cases where the notice of abandonment was not received, a petition to revive must be filed within two months of actual knowledge of the abandonment but not later than six months after the date United States Patent and Trademark Office (USPTO) electronic record system indicates the application is abandoned. 37 C.F.R. §2.66.
In this case, the notice of abandonment issued on June 19, 2019. Your petition to the Director of the USPTO was filed on January 5, 2020, more than six months after this date. You provided reasons why the petition was untimely. Specifically, you indicated your wife became ill. Although the circumstances you describe are extremely unfortunate, nothing in the facts identified constitutes extraordinary circumstances that would allow for a waiver of the timeliness provisions in Rule 2.66. 37 C.F.R. §2.66; see also 37 C.F.R. §2.146. For more information on what constitutes an extraordinary circumstance, please consult the Trademark Manual of Examining Procedure (TMEP) Section 1708.
Therefore, your petition is dismissed as untimely and the application remains abandoned. Any fees submitted with the petition will be refunded.
/Lisa Wallace/
Paralegal Specialist
Office of the Deputy Commissioner
for Trademark Examination Policy
lisa.wallace@uspto.gov
(571) 272-9582