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. 88078079 REAL WORK TOOLS(Standard Characters, see http://uspto.report/TM/88078079/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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Hand tools for home, workshop, automotive and industrial use, namely, lug wrenches, spring clamps, bar clamps, carpenter's squares; pin punches, carpenter's clamps, c-clamps, c-clamp sets and clamps in the nature of hand tools, bench vises, utility knives and blades therefore, hand saws, sledges, splitting wedges, nail pullers and bars, punches, tin snips, shaping planes, shaping files, round shaping files, tap and die sets, hammers, namely, claw hammers, ball pen hammers, club hammers, sledge hammers, soft face hammers, framing hammers and dead blow hammers, bolt cutters and mechanics' hand tools, namely, socket wrenches and sockets, ratchet wrenches, spinner handles for socket wrenches, extension bars for hand tools, combination wrenches, ignition wrenches, hex keys wrenches, hacksaws; hand tools, namely, manual electrical crimping tools, pliers, adjustable wrenches, screwdrivers, socket holders, nut drivers; hand tool holsters, hand tool holders, tool holders in the nature of work aprons
Original Filing Basis:
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: Hand tools for home, workshop, automotive and industrial use, namely, lug wrenches, spring clamps, bar clamps, carpenter's squares; Hand tools for home, workshop, automotive and industrial use, namely, lug wrenches, spring clamps, bar clamps, carpenter's squares, pin punches, carpenter's clamps, c-clamps, c-clamp sets comprised of c-clamps, clamps in the nature of hand tools, bench vises, utility knives and blades therefor, hand saws, sledges being sledgehammers, splitting wedges, nail pullers, nail pulling bars, punches, tin snips, shaping planes, shaping files, round shaping files, tap and die sets; pin punches, carpenter's clamps, c-clamps, c-clamp sets and clamps in the nature of hand tools, bench vises, utility knives and blades therefore, hand saws, sledges, splitting wedges, nail pullers and bars, punches, tin snips, shaping planes, shaping files, round shaping files, tap and die sets, hammers, namely, claw hammers, ball pen hammers, club hammers, sledge hammers, soft face hammers, framing hammers and dead blow hammers, bolt cutters and mechanics' hand tools, namely, socket wrenches and sockets, ratchet wrenches, spinner handles for socket wrenches, extension bars for hand tools, combination wrenches, ignition wrenches, hex keys wrenches, hacksaws; hand-operated hammers, namely, claw hammers, ball peen hammers, club hammers, sledge hammers, soft face hammers, framing hammers and dead blow hammers; hand tools, namely, manual electrical crimping tools, pliers, adjustable wrenches, screwdrivers, socket holders, nut drivers; bolt cutters; hand tool holsters, hand tool holders, tool holders in the nature of work aprons; mechanics' hand tools, namely, socket wrenches, ratchet wrenches, spinner handles for socket wrenches, extension bars for hand tools, hand-operated combination wrenches, hand-operated ignition wrenches, hand-operated hex keys wrenches, hacksaws; hand tools, namely, manual electrical crimping irons, pliers, hand-operated adjustable wrenches, hand-operated screwdrivers, nut drivers; hand tool holsters in the nature of hand tool holders, hand tool holders, tool holders in the nature of work tool apronsClass 008 for Hand tools for home, workshop, automotive and industrial use, namely, lug wrenches, spring clamps, bar clamps, carpenter's squares, pin punches, carpenter's clamps, c-clamps, c-clamp sets comprised of c-clamps, clamps in the nature of hand tools, bench vises, utility knives and blades therefor, hand saws, sledges being sledgehammers, splitting wedges, nail pullers, nail pulling bars, punches, tin snips, shaping planes, shaping files, round shaping files, tap and die sets; hand-operated hammers, namely, claw hammers, ball peen hammers, club hammers, sledge hammers, soft face hammers, framing hammers and dead blow hammers; bolt cutters; mechanics' hand tools, namely, socket wrenches, ratchet wrenches, spinner handles for socket wrenches, extension bars for hand tools, hand-operated combination wrenches, hand-operated ignition wrenches, hand-operated hex keys wrenches, hacksaws; hand tools, namely, manual electrical crimping irons, pliers, hand-operated adjustable wrenches, hand-operated screwdrivers, nut drivers; hand tool holsters in the nature of hand tool holders, hand tool holders, tool holders in the nature of work tool aprons
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 006 for Wire rope fittings of metal, namely, sockets; holders specially adapted for holding metal sockets
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.

FEE(S)
Fee(s) in the amount of $375 is being submitted.

SIGNATURE(S)

Signature: /Frank B. Janoski/      Date: 04/25/2019
Signatory's Name: Frank B. Janoski
Signatory's Position: Attorney of Record, Missouri bar member

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: /Frank B. Janoski/      Date: 04/25/2019
Signatory's Name: Frank B. Janoski
Signatory's Position: Attorney of Record, Missouri bar member

Response Signature
Signature: /Frank B. Janoski/     Date: 04/25/2019
Signatory's Name: Frank B. Janoski
Signatory's Position: Attorney of Record, Missouri bar member

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'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. 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's/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: 88078079
RAM Accounting Date: 04/26/2019
        
Serial Number: 88078079
Internet Transmission Date: Thu Apr 25 22:12:40 EDT 2019
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XX-2019042522124096
1229-88078079-620c833840ca42cbba2cb836aa
cbb36e93ac8717bbf54581e15cc9262fce8c62-C
C-10186-20190425215107276311