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 |
88084939 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
DATE OF NOTICE OF ABANDONMENT |
03/09/2020 |
MARK SECTION |
MARK FILE NAME |
http://teas.gov.uspto.report/pse/view/PSE/No-Image-File.jpg |
LITERAL ELEMENT |
VITESSE |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
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. |
EXTENSION OF TIME TO FILE STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Bausch & Lomb Incorporated |
INTERNAL ADDRESS |
Law Department |
MAILING ADDRESS |
1400 N. Goodman Street |
CITY |
Rochester |
STATE |
New York |
ZIP/POSTAL CODE |
14609 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
585-338-8049 |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Bausch & Lomb Incorporated |
INTERNAL ADDRESS |
Law Department |
MAILING ADDRESS |
1400 N. Goodman Street |
CITY |
Rochester |
STATE |
New York |
ZIP/POSTAL CODE |
14609 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
585-338-8049 |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
010 |
CURRENT IDENTIFICATION |
surgical instrument, namely, a vitreous cutter |
GOODS OR SERVICES |
KEEP ALL LISTED |
EXTENSION SECTION |
EXTENSION PERIOD(S) |
2 |
ONGOING EFFORT |
manufacturing activities |
ALLOWANCE MAIL DATE |
02/05/2019 |
ATTORNEY INFORMATION (current) |
NAME |
Robert J. Gorman |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
INTERNAL ADDRESS |
LAW DEPARTMENT |
STREET |
1400 N. GOODMAN STREET |
CITY |
ROCHESTER |
STATE |
New York |
POSTAL CODE |
14609 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
585-338-8049 |
EMAIL |
trademarks@bausch.com |
ATTORNEY INFORMATION (proposed) |
NAME |
Robert J. Gorman |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Bausch Health |
INTERNAL ADDRESS |
LAW DEPARTMENT |
STREET |
1400 N. GOODMAN STREET |
CITY |
ROCHESTER |
STATE |
New York |
POSTAL CODE |
14609 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
585-338-8049 |
EMAIL |
trademarks@bausch.com |
DOCKET/REFERENCE NUMBER |
Surgical |
OTHER APPOINTED ATTORNEY |
John LaFave, Jack Thomas, Thomas Walls |
CORRESPONDENCE INFORMATION (current) |
NAME |
ROBERT J. GORMAN |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@bausch.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Robert J. Gorman |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
trademarks@bausch.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
holly.smith@bausch.com |
DOCKET/REFERENCE NUMBER |
Surgical |
PAYMENT SECTION |
PETITION FEE |
100 |
NUMBER OF CLASSES IN USE |
1 |
EXTENSION FEE |
125 |
TOTAL AMOUNT |
225 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Robert J. Gorman/ |
SIGNATORY'S NAME |
Robert J. Gorman |
SIGNATORY'S POSITION |
Attorney of Record - Georgia Bar |
DATE SIGNED |
03/19/2020 |
SIGNATORY'S PHONE NUMBER |
585-338-8049 |
DECLARATION SIGNATURE |
/Robert J. Gorman/ |
SIGNATORY'S NAME |
Robert J. Gorman |
SIGNATORY'S POSITION |
Attorney of Record - Member of the Georgia Bar |
DATE SIGNED |
03/19/2020 |
SIGNATORY'S PHONE NUMBER |
585-338-8049 |
FILING INFORMATION |
SUBMIT DATE |
Thu Mar 19 15:19:03 ET 2020 |
TEAS STAMP |
USPTO/PSE-XX.XX.XXX.XXX-2
0200319151903187545-88084
939-7102faf47b54aaae9989d
2a55d4d772d6c5f8142836134
aeeb06c9879589aad0-DA-190
26443-2020031915095223549
4 |
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: VITESSE (Stylized and/or with Design, see
mark )
SERIAL NUMBER: 88084939
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 TO FILE STATEMENT OF USE
The owner proposes to amend the following:
Current: Bausch & Lomb Incorporated, having an address of
Law Department
1400 N. Goodman Street
Rochester, New York 14609
United States
Phone: 585-338-8049
Email: XXXX
Proposed: Bausch & Lomb Incorporated, having an address of
Law Department
1400 N. Goodman Street
Rochester, New York 14609
United States
585-338-8049
Email: XXXX
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89. The Notice of Allowance mailing date was
02/05/2019.
The applicant is filing extension number(s): 2
The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: manufacturing activities
For International Class 010:
Current identification: surgical instrument, namely, a vitreous cutter
The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently
modified for this specific class.
The owner's/holder's current attorney information: Robert J. Gorman. Robert J. Gorman, is located at
LAW DEPARTMENT
1400 N. GOODMAN STREET
ROCHESTER, New York 14609
United States
The phone number is 585-338-8049.
The email address is trademarks@bausch.com
The owner's/holder's proposed attorney information: Robert J. Gorman. Other appointed attorneys are John LaFave, Jack Thomas, Thomas Walls. Robert J. Gorman of Bausch Health, is a member of the
XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
LAW DEPARTMENT
1400 N. GOODMAN STREET
ROCHESTER, New York 14609
United States
The docket/reference number is Surgical.
The phone number is 585-338-8049.
The email address is trademarks@bausch.com
Robert J. Gorman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
Correspondence Information (current):
ROBERT J. GORMAN
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bausch.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
Robert J. Gorman
PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bausch.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): holly.smith@bausch.com
The docket/reference number is Surgical.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed,
and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
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 total amount of $225 will be submitted.
Petition
Signature: /Robert J. Gorman/ Date Signed: 03/19/2020
Signatory's Name: Robert J. Gorman
Signatory's Position: Attorney of Record - Georgia Bar
Signatory's Phone: 585-338-8049
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: /Robert J. Gorman/ Date Signed: 03/19/2020
Signatory's Name: Robert J. Gorman
Signatory's Position: Attorney of Record - Member of the Georgia Bar
Signatory's Phone: 585-338-8049
Mailing Address:
LAW DEPARTMENT
1400 N. GOODMAN STREET
ROCHESTER, New York 14609
Mailing Address:
Bausch Health
LAW DEPARTMENT
1400 N. GOODMAN STREET
ROCHESTER, New York 14609
Serial Number: 88084939
Internet Transmission Date: Thu Mar 19 15:19:03 ET 2020
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XXX-2020031915190318
7545-88084939-7102faf47b54aaae9989d2a55d
4d772d6c5f8142836134aeeb06c9879589aad0-D
A-19026443-20200319150952235494