TEAS Petition to Revive SOU

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)

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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 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: ZWAVE(Standard Characters, see mark )
SERIAL NUMBER: 88095920

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: Sorrento Technology Holdings, Inc., having an address of
      Suite 500S
      3773 Howard Hughes Pkwy
      Las Vegas, Nevada 89169
      United States
      Email: XXXX
Proposed: Sorrento Technology Holdings, Inc., having an address of
      Suite 500S
      3773 Howard Hughes Pkwy
      Las Vegas, Nevada 89169
      United States
      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 03/19/2019.

The applicant is filing extension number(s): 1-2
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 ; steps to obtain required governmental approval


For International Class 010:
Current identification: Medical devices for aiding sleep and treating sleep disorders

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: Donny K. Samporna. Donny K. Samporna of Insigne LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 230
      701 Palomar Airport Road
      CARLSBAD, California 92011
      United States
The docket/reference number is 200108-00009.

The phone number is 858-227-6633.

The fax number is 858-408-4422.

The email address is dsamporna@insigne.law

The owner's/holder's proposed attorney information: Donny K. Samporna. Donny K. Samporna of Insigne LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 230
      701 Palomar Airport Road
      CARLSBAD, California 92011
      United States
The docket/reference number is 200108-00009.

The phone number is 858-227-6633.

The fax number is 858-408-4422.

The email address is dsamporna@insigne.law

Donny K. Samporna 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):
      Donny K. Samporna
      PRIMARY EMAIL FOR CORRESPONDENCE: dsamporna@insigne.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ebottorff@insigne.law; tcoddington@insigne.law; docketing@insigne.law
Correspondence Information (proposed):
      Donny K. Samporna
      PRIMARY EMAIL FOR CORRESPONDENCE: dsamporna@insigne.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ebottorff@insigne.law; tcoddington@insigne.law; docketing@insigne.law

The docket/reference number is 200108-00009.

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 $250 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $350 will be submitted.

Petition




Signature: /Ezekiel Bottorff/ Date Signed: 06/15/2020
Signatory's Name: Bottorff, Ezekiel N
Signatory's Position: Associate Attorney, Insigne LLP, Wisconsin Bar Member
Signatory's Phone: 8582276633
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: /Ezekiel Bottorff/ Date Signed: 06/15/2020
Signatory's Name: Bottorff, Ezekiel N
Signatory's Position: Associate Attorney, Insigne LLP, Wisconsin Bar Member
Signatory's Phone: 8582276633

Mailing Address:
   Insigne LLP
   Suite 230
   701 Palomar Airport Road
   CARLSBAD, California 92011

Mailing Address:
   Insigne LLP
   Suite 230
   701 Palomar Airport Road
   CARLSBAD, California 92011

Serial Number: 88095920
Internet Transmission Date: Mon Jun 15 18:21:41 ET 2020
TEAS Stamp: USPTO/PSE-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200615182141940343-88095920-
710670fff7528825a354ffaa7aa42f7f3fff1e71
67580d963ab18522a1ca1653-CC-21407789-202
00615181532467637