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. 88109616 THE SMART CHOICE(Standard Characters, see http://uspto.report/TM/88109616/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:



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Flotation devices to aid in teaching swimming, namely, training vests, kickboards, bodyboards, arm floats, floating baby pool seats, babyboats; personal floatation devices, namely, life jackets and vests, inner tubes with attached swinsuits, swim trainers, and foam back floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; apparel, namely, swimwear, hats, rashguards, diapers, backpacks, and bags; water activity toys and games for swim training, namely, balls, splash balls, dive sticks, dive rings, sprinklers, and plush toys; accessory apparel, namely, towels, hoodies, and cover-ups; swim gear, namely, swim goggles, swim masks, ear plugs and nose clips; protective wear, namely, board shorts, body shields, arm and leg shields, face shields, hats, caps, gloves, and diapers; protective shelters, namely, tents, sun shelters, umbrellas, and swimming pools having a canopy top; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles; eyeglasses; optical lenses; protective towels; UV resistant wristbands; inflatable rafts, floats, tubes, chairs, lounges, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games; snorkels; combination swimming mask, snorkel and swim fin sets; swim fins; bags for carrying snorkel and dive equipment; swim caps; dry bags for carrying snorkel and dive equipment; waterproof cases for snorkel and dive equipment; earplugs for swimming and diving; nose clips for swimming and diving, chamois for use in swimming and diving; personal flotation vests
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: Flotation devices to aid in teaching swimming, namely, training vests, kickboards, bodyboards, arm floats, floating baby pool seats, babyboats; Flotation devices to aid in teaching swimming, namely, kickboards, body boards, arm floats, floating baby pool seats being swimming aids, baby toy boats; personal floatation devices, namely, life jackets and vests, inner tubes with attached swinsuits, swim trainers, and foam back floats; personal floatation devices, namely, inflatable inner tubes with attached swimsuits for aquatic recreational use, swim trainers being swim rings, and foam back swimming floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; apparel, namely, swimwear, hats, rashguards, diapers, backpacks, and bags; water activity toys and games for swim training, namely, play balls, splash balls, dive sticks being water toys, dive rings being water toys, sprinklers, and plush toys; water activity toys and games for swim training, namely, balls, splash balls, dive sticks, dive rings, sprinklers, and plush toys; protective wear, namely, board shorts, athletic body striking shields, leg shields being leg guards for athletic use; accessory apparel, namely, towels, hoodies, and cover-ups; play swimming pools having a canopy top; swim gear, namely, swim goggles, swim masks, ear plugs and nose clips; pool toys and swimming aids, namely, rafts, floats, tubes, chairs, lounge chairs, and seats for recreational use; protective wear, namely, board shorts, body shields, arm and leg shields, face shields, hats, caps, gloves, and diapers; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; protective shelters, namely, tents, sun shelters, umbrellas, and swimming pools having a canopy top; water and pool games, namely, ball games for play in and around the water; swim goggles; swim fins; swim masks; bags specially adapted for carrying dive equipment in the nature of snorkels and flippers for diving; sunglass cases; waterproof cases specially adapted for carrying dive equipment in the nature of snorkels and flippers for diving.; straps for sunglasses; sun goggles; eyeglasses; optical lenses; protective towels; UV resistant wristbands; inflatable rafts, floats, tubes, chairs, lounges, and seats for recreational use; water and pool games; snorkels; combination swimming mask, snorkel and swim fin sets; bags for carrying snorkel and dive equipment; swim caps; dry bags for carrying snorkel and dive equipment; waterproof cases for snorkel and dive equipment; earplugs for swimming and diving; nose clips for swimming and diving, chamois for use in swimming and diving; personal flotation vestsClass 028 for Flotation devices to aid in teaching swimming, namely, kickboards, body boards, arm floats, floating baby pool seats being swimming aids, baby toy boats; personal floatation devices, namely, inflatable inner tubes with attached swimsuits for aquatic recreational use, swim trainers being swim rings, and foam back swimming floats; inflatable toys for recreational use in water, namely, baby play mats, play swimming pools having a canopy top, splash pools, pools, water blobs, and mats; water activity toys and games for swim training, namely, play balls, splash balls, dive sticks being water toys, dive rings being water toys, sprinklers, and plush toys; protective wear, namely, board shorts, athletic body striking shields, leg shields being leg guards for athletic use; play swimming pools having a canopy top; pool toys and swimming aids, namely, rafts, floats, tubes, chairs, lounge chairs, and seats for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle games, catch games, toy lacrosse game sets, toy water gliders, toy fishing games, floating toy creatures, floating toy animals; water and pool games, namely, ball games for play in and around the water; swim fins; bags specially adapted for carrying dive equipment in the nature of snorkels and flippers for diving; waterproof cases specially adapted for carrying dive equipment in the nature of snorkels and flippers for diving.
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 009 for Flotation devices to aid in teaching swimming, namely, training flotation vests; personal flotation devices, namely, life jackets and vests; swim gear, namely, swim goggles, swim masks, and nose clips; swim goggles; swim masks; sunglass cases; straps for sunglasses; sun goggles being protective eyewear; eyeglasses; optical lenses; snorkels; combination swimming mask, snorkel and swim fin sets; earplugs for divers; nose clips for swimming and diving; personal flotation vests; protective wear, namely, face-protection shields; bags specially adapted for carrying snorkel and dive equipment in the nature of snorkels and scuba diving masks; waterproof cases specially adapted for snorkel and dive equipment in the nature of snorkels and scuba diving masks.
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 025 for apparel, namely, swimwear, hats, and rash guards; accessory apparel, namely, hoodies and cover-ups; sun protective wear, namely, board shorts, underarm clothing shields, hats, swimming caps, and gloves; UV resistant wristbands as clothing; swim caps.
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 $650 is being submitted.

SIGNATURE(S)

Signature: /tek/      Date: 07/25/2019
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney of record, Massachusetts bar member
Signatory's Phone Number: 617-720-2444


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: /tek/      Date: 07/25/2019
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney of record, Massachusetts bar member
Signatory's Phone Number: 617-720-2444


Response Signature
Signature: /tek/     Date: 07/25/2019
Signatory's Name: Thomas E. Kenney
Signatory's Position: Attorney of record, Massachusetts bar member

Signatory's Phone Number: 617-720-24444

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: 88109616
RAM Accounting Date: 07/25/2019
        
Serial Number: 88109616
Internet Transmission Date: Thu Jul 25 09:08:09 EDT 2019
TEAS Stamp: USPTO/POA-XXX.X.XXX.XX-20190725090809290
562-88109616-6203f4c3a36af89a102e9685926
c1f4cb7319cdd8e242a6aef8901a9ec8692b-CC-
10854-20190725083728504802