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. 88110111 PEPCO(Standard Characters, see http://uspto.report/TM/88110111/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

EVIDENCE
Evidence has been attached: the statement of Zhan Jiani, President of Hesi Shenzhen International Trading Co., Ltd. in response to the likelihood of confusion findings.
Original PDF file:
evi_104194220251-20200317 202822044071_._Zhan_Jiani _Statement.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Boots; Caps being headwear; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Gloves; Hosiery; Neckties; Nightshirts; Sandals; Shoes; Sweaters; Trousers; Underpants; Combinations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/13/2013 and first used in commerce at least as early as 10/13/2013 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Boots; Caps being headwear; Children's and infant's apparel, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments; Gloves; Hosiery; Neckties; Sandals; Nightshirts; Shoes; Sweaters; Trousers; Underpants; CombinationsClass 025 for Boots; Caps being headwear; Gloves; Hosiery; Neckties; Sandals; Shoes
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/13/2013 and first used in commerce at least as early as 10/13/2013 , and is now in use in such commerce.
The owner's/holder's proposed attorney information: Yi Wan. Yi Wan of Law Office of Yi Wan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 800
      100 Church Street
      New York, New York 10007
      United States
is appointed to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
The docket/reference number is SZH0031405.
      The phone number is 646-883-8008.
      The email address is yi.wan@tbchadwick.com

Yi Wan 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):
      ZHANG YI
      PRIMARY EMAIL FOR CORRESPONDENCE: huanyee@huanyee.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Yi Wan
      PRIMARY EMAIL FOR CORRESPONDENCE: yi.wan@tbchadwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing7@tbchadwick.com

The docket/reference number is SZH0031405.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Zhan Jiani/      Date: 03/18/2020
Signatory's Name: Zhan Jiani
Signatory's Position: President

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: /Zhan Jiani/      Date: 03/17/2020
Signatory's Name: Zhan Jiani
Signatory's Position: President

Response Signature
Signature: /yw/     Date: 03/17/2020
Signatory's Name: Yi Wan
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 646-883-8008

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    ZHANG YI
   
   ROOM 1508, FLOOR 15TH, HAIWANGXINGCHEN
   BUILD., LANXIANG 1ST ROAD, NANSHAN DIST.
   SHENZHEN, 518000
Mailing Address:    Yi Wan
   Law Office of Yi Wan
   Suite 800
   100 Church Street
   New York, New York 10007
        
RAM Sale Number: 88110111
RAM Accounting Date: 03/17/2020
        
Serial Number: 88110111
Internet Transmission Date: Tue Mar 17 20:50:44 ET 2020
TEAS Stamp: USPTO/POA-XXX.XXX.XXX.XXX-20200317205044
996455-88110111-710386d7e7ed2318011671fd
9d4a3f84a0fd144368c3556cc521df99f5851ca-
CC-50433588-20200317202822044071