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. 88063685 ACTIVA(Standard Characters, see http://uspto.report/TM/88063685/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:

Applicant respectfully submits that there is no likelihood of confusion in this case even if the goods are not limited to cattle feed, because the goods--being glycerine--are considered to be a component or ingredient of feed and are not typical as a finished feed product, thus the likely prospective purchaser will distinguish between a finished feed for dogs and Applicant's glycerine as an ingredient for feed.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for GLYCERINE FOR ANIMAL FEED AND ANIMAL FOODSTUFFS
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/22/2005 and first used in commerce at least as early as 06/22/2005 , and is now in use in such commerce.

Proposed:
Tracked Text Description: GLYCERINE FOR ANIMAL FEED AND ANIMAL FOODSTUFFS; GLYCERINE FOR USE AS ANIMAL FEED AND ANIMAL FOODSTUFFSClass 031 for GLYCERINE FOR USE AS ANIMAL FEED AND ANIMAL FOODSTUFFS
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/22/2005 and first used in commerce at least as early as 06/22/2005 , and is now in use in such commerce.
FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Nicholas Wells/      Date: 06/24/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 8013374500


Response Signature
Signature: /Nicholas Wells/     Date: 06/24/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 8013374500

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88063685
RAM Accounting Date: 06/25/2019
        
Serial Number: 88063685
Internet Transmission Date: Mon Jun 24 18:06:34 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XXX-201906241806347
47692-88063685-620636abe68612f5f552e3541
d51546813a94cee1382f9d13ce53da635bedb963
-CC-6244-20190624180220822936