TEAS Petition to Revive SOU

PTO- 2195

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 2195

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: NEPTUNE(Standard Characters, see mark )
SERIAL NUMBER: 88098972

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 AND STATEMENT OF USE
The owner proposes to amend the following:
Current: Garrabrants, Matthew, having an address of
      5700 Granite Pkwy, Suite 200
      Plano, Texas 75024
      United States
      Phone: 877-401-2298 x1
      Fax: 903-957-2002
      Email: XXXX
Proposed: Garrabrants, Matthew, having an address of
      5700 Granite Pkwy, Suite 200
      Plano, Texas 75024
      United States
      877-401-2298 x1
      903-957-2002
      Email: XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 03/26/2019.

The applicant is filing extension number(s): 4



For International Class 035:
Current identification: Retail store services featuring packing supplies and materials; on-line retail store services featuring packing supplies and materials; Retail store and online retail store services featuring plastic and paper products for use in packing and moving; Retail store and online retail store services featuring paper and foam packaging, metal locks, storage boxes, wardrobe boxes, television and microwave boxes, mirror boxes, lamp boxes, file boxes, dish barrel boxes, paper cushioning for packing, newsprint, paper padding for moving furniture, plastic stretch wrap, cellular cushioning packaging material for packing, markers and pens, paper tape, polystyrene foam sheets for packing, foam picture corner protectors, plastic packing tape, plastic strapping tape, padded foam pouches for packing dishes and glass items, foam peanuts for packing, plastic sacks for protecting furniture, plastic chair and sofa covers for protecting furniture, padded fabric covers, rope and twine, blanket pads and moving blankets; business consulting services, namely, providing feasibility studies for property self-storage businesses; business consulting services, namely, providing market analyses for the property self-storage industry; transportation logistics services, namely, arranging the transportation of packages and goods for others; marketing and advertising services for self-storage facilities

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/08/2018, and first used in commerce at least as early as 04/20/2021, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Invoice for storage and Lock purchase, Active website screen shot of marks in use.

JPG file(s):
Specimen File1
Original PDF file:
SPN0-1-643122246-20210422 174454972921_._Inv_1002_f rom_Neptune_Storage_LLC_2 280.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: www.neptunestorage.com
Webpage Date of Access: 04/20/2021

For International Class 036:
Current identification: Leasing of real estate for self-storage facilities; evaluating real estate to assess feasibility for use as a property self-storage facility; real estate services, namely, rental property management and property management of self-storage facilities

This allegation of use does not cover this specific class. This entire class is to be permanently deleted from the application.


For International Class 039:
Current identification: Storage services, namely, providing self-service storage facilities for storage of goods by others; storage services for vehicles and boat; rental of trucks; leasing of fixed and movable storage containers to commercial and residential users; package acceptance services, namely, accepting the delivery of packages for others and holding these package in a secure facility on the recipient's behalf

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/08/2018, and first used in commerce at least as early as 04/20/2021, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Invoices for storage, retail lock and website screen shot of active website with marks in use..

JPG file(s):
Specimen File1
Original PDF file:
SPN2-643122246-2021042217 4454972921_._Inv_1001_fro m_Neptune_Storage_LLC_228 0.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-643122246-2021042217 4454972921_._Inv_1002_fro m_Neptune_Storage_LLC_228 0.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: www.neptunestorage.com
Webpage Date of Access: 04/20/2021
MISCELLANEOUS STATEMENTS
Requesting revival and filing in use statement. I missed revival date, I was confused and throught I had 6 months from extension granted not the original date. Which caused me to be late filing the revive petition

Correspondence Information (current):
      Garrabrants, Matthew
      PRIMARY EMAIL FOR CORRESPONDENCE: matt@kodiaksports.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): matt@kodiaksports.com
Correspondence Information (proposed):
      Garrabrants, Matthew
      PRIMARY EMAIL FOR CORRESPONDENCE: matt@kodiaksports.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): matt@kodiaksports.com

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 $150 will be submitted with the form, representing payment for the petition to revive 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 amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the total amount of $600 will be submitted.

Petition




Signature: //Matthew Garrabrants// Date Signed: 04/22/2021
Signatory's Name: Matthew Garrabrants
Signatory's Position: President
Signatory's Phone: 214-843-7270
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: //Matthew Garrabrants// Date Signed: 04/22/2021
Signatory's Name: Matthew Garrabrants
Signatory's Position: President
Signatory's Phone: 214-843-7270
Signature method: Signed directly within the form

Serial Number: 88098972
Internet Transmission Date: Thu Apr 22 18:08:23 ET 2021
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XX-20210422180823029
214-88098972-770e3fae5bb11ff7428d655cd1e
7356a4b5dedc49cb897ea5e4f3122b34bb4-CC-0
8194312-20210422174454972921