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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88156550 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
DATE OF NOTICE OF ABANDONMENT |
10/01/2019 |
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 |
MARK SECTION |
MARK |
http://uspto.report/TM/88156550/mark.png |
LITERAL ELEMENT |
IRON ORCHID STUDIO |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (003)(current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Essential oils; Non-electric diffusers for essential oils; Felt diffuser pads |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/20/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/20/2018 |
GOODS AND/OR SERVICES SECTION (003)(proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Essential oils; Non-electric diffusers for essential oils;
Felt diffuser pads |
FINAL DESCRIPTION |
Essential oils |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/20/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/20/2018 |
GOODS AND/OR SERVICES SECTION (014)(current) |
INTERNATIONAL CLASS |
014 |
DESCRIPTION |
Jewelry; Jewelry boxes; Jewelry charms; Fitted jewelry pouches; Split rings of common metal; Key chains |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/28/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/14/2017 |
GOODS AND/OR SERVICES SECTION (014)(proposed) |
INTERNATIONAL CLASS |
014 |
TRACKED TEXT DESCRIPTION |
Jewelry; Jewelry boxes; Jewelry charms; Fitted jewelry pouches; Split rings of common metal; Key chains |
FINAL DESCRIPTION |
Jewelry; Jewelry boxes; Jewelry charms; Fitted jewelry pouches; Key chains |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/28/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/14/2017 |
GOODS AND/OR SERVICES SECTION (018)(no change) |
GOODS AND/OR SERVICES SECTION (022)(no change) |
GOODS AND/OR SERVICES SECTION (006)(class added) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
split rings of common metal for arts and crafts purposes. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 06/20/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 06/20/2017 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\881\565\88156550\xml8\ POA0002.JPG |
SPECIMEN DESCRIPTION |
Packaging. |
GOODS AND/OR SERVICES SECTION (011)(class added) |
INTERNATIONAL CLASS |
011 |
DESCRIPTION |
Non-electric diffusers for essential oils, sold empty; felt diffuser pads for non-electric air diffusers for essential oils, not
impregnated with chemicals, compounds, or other substances. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/20/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/20/2018 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\881\565\88156550\xml8\ POA0003.JPG |
SPECIMEN DESCRIPTION |
Packaging. |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use "STUDIO" for all classes; "ORCHID" for International Class 3; "IRON" FOR International
Class 6 apart from the mark as shown. |
ATTORNEY SECTION (current) |
NAME |
John Graham |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
STREET |
7707 S.W. 44th Street |
CITY |
Oklahoma City |
STATE |
Oklahoma |
POSTAL CODE |
73179 |
COUNTRY |
US |
PHONE |
4057451752 |
EMAIL |
john.graham@hobbylobby.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
ATTORNEY SECTION (proposed) |
NAME |
John Graham |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
STREET |
7707 S.W. 44th Street |
CITY |
Oklahoma City |
STATE |
Oklahoma |
POSTAL CODE |
73179 |
COUNTRY |
United States |
PHONE |
4057451752 |
EMAIL |
john.graham@hobbylobby.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (current) |
NAME |
John Graham |
STREET |
7707 S.W. 44th Street |
CITY |
Oklahoma City |
STATE |
Oklahoma |
POSTAL CODE |
73179 |
COUNTRY |
US |
PHONE |
4057451752 |
EMAIL |
john.graham@hobbylobby.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE SECTION (proposed) |
NAME |
John Graham |
STREET |
7707 S.W. 44th Street |
CITY |
Oklahoma City |
STATE |
Oklahoma |
POSTAL CODE |
73179 |
COUNTRY |
United States |
PHONE |
4057451752 |
EMAIL |
john.graham@hobbylobby.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
650 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/John Graham/ |
SIGNATORY'S NAME |
John Graham |
SIGNATORY'S POSITION |
Attorney of record, Oklahoma bar member. |
DATE SIGNED |
11/27/2019 |
DECLARATION SIGNATURE |
/John Graham/ |
SIGNATORY'S NAME |
John Graham |
SIGNATORY'S POSITION |
Attorney of record, Oklahoma bar member. |
DATE SIGNED |
11/27/2019 |
RESPONSE SIGNATURE |
/John Graham/ |
SIGNATORY'S NAME |
John Graham |
SIGNATORY'S POSITION |
Attonrey of record, Oklahoma bar member. |
DATE SIGNED |
11/27/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 27 14:38:23 EST 2019 |
TEAS STAMP |
USPTO/POA-XX.XXX.XXX.X-20
191127143823609255-881565
50-700eef11c475d5af908426
24d0c944abf4eed6b8b3f5da6
b112e19f584458b36d-CC-382
28402-2019112714120833452
2 |
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.
88156550 IRON ORCHID STUDIO(Standard Characters, see http://uspto.report/TM/88156550/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
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Essential oils; Non-electric diffusers for essential oils; Felt diffuser pads
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 04/20/2018
and first used in commerce at least as early as 04/20/2018 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Essential oils;
Non-electric diffusers for essential oils;
Felt
diffuser padsClass 003 for Essential oils
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 04/20/2018
and first used in commerce at least as early as 04/20/2018 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Jewelry; Jewelry boxes; Jewelry charms; Fitted jewelry pouches; Split rings of common metal; Key chains
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 05/28/2017
and first used in commerce at least as early as 06/14/2017 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Jewelry;
Jewelry boxes;
Jewelry charms;
Fitted jewelry pouches;
Split rings of common metal;
Key chainsClass 014 for Jewelry; Jewelry boxes; Jewelry charms; Fitted jewelry pouches; Key chains
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 05/28/2017
and first used in commerce at least as early as 06/14/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for split rings of common metal for arts and crafts purposes.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/20/2017
and first used in commerce at least as early as 06/20/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 006 . The specimen(s) submitted consists of Packaging. .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Applicant hereby adds the following class of goods/services to the application:
New: Class 011 for Non-electric diffusers for essential oils, sold empty; felt diffuser pads for non-electric air diffusers for essential oils, not impregnated with chemicals, compounds, or
other substances.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 04/20/2018
and first used in commerce at least as early as 04/20/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 011 . The specimen(s) submitted consists of Packaging. .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
The applicant's current attorney information: John Graham. John Graham, is located at
7707 S.W. 44th Street
Oklahoma City, Oklahoma 73179
US
The phone number is 4057451752.
The email address is john.graham@hobbylobby.com
The applicants proposed attorney information: John Graham. John Graham, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
7707 S.W. 44th Street
Oklahoma City, Oklahoma 73179
United States
The phone number is 4057451752.
The email address is john.graham@hobbylobby.com
John Graham 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.
The applicant's current correspondence information: John Graham. John Graham, is located at
7707 S.W. 44th Street
Oklahoma City, Oklahoma 73179
US
The phone number is 4057451752.
The email address is john.graham@hobbylobby.com
The applicants proposed correspondence information: John Graham. John Graham, is located at
7707 S.W. 44th Street
Oklahoma City, Oklahoma 73179
United States
The phone number is 4057451752.
The email address is john.graham@hobbylobby.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "STUDIO" for all classes; "ORCHID" for International Class 3; "IRON" FOR International Class 6 apart from the mark as shown.
FEE(S)
Fee(s) in the amount of $650 is being submitted.
SIGNATURE(S)
Signature: /John Graham/ Date: 11/27/2019
Signatory's Name: John Graham
Signatory's Position: Attorney of record, Oklahoma bar member.
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: /John Graham/ Date: 11/27/2019
Signatory's Name: John Graham
Signatory's Position: Attorney of record, Oklahoma bar member.
Response Signature
Signature: /John Graham/ Date: 11/27/2019
Signatory's Name: John Graham
Signatory's Position: Attonrey of record, Oklahoma bar member.
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: John Graham
7707 S.W. 44th Street
Oklahoma City, Oklahoma 73179
Mailing Address: John Graham
7707 S.W. 44th Street
Oklahoma City, Oklahoma 73179
RAM Sale Number: 88156550
RAM Accounting Date: 11/27/2019
Serial Number: 88156550
Internet Transmission Date: Wed Nov 27 14:38:23 EST 2019
TEAS Stamp: USPTO/POA-XX.XXX.XXX.X-20191127143823609
255-88156550-700eef11c475d5af90842624d0c
944abf4eed6b8b3f5da6b112e19f584458b36d-C
C-38228402-20191127141208334522