TEAS Petition to Revive SOU

PTO- 2195

Approved for use through 12/31/2020. 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 12/31/2020. 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: WELLNESS ON THE WAY(Standard Characters, see mark )
SERIAL NUMBER: 88158344

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: Zeel Networks, Inc., having an address of
      45 West 45th Street, 16th Floor
      New York, New York 10036
      United States
      Email: XXXX
Proposed: Zeel Networks, Inc., having an address of
      45 West 45th Street, 16th Floor
      New York, New York 10036
      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 02/12/2019.

The applicant is filing extension number(s): 4
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: product or service research or development


For International Class 009:
Current identification: Downloadable software relating to health and well-being, namely, therapeutic services, mindfulness services, facial and body treatment services, and cosmetic body care services, that allows personal care service providers to be dispatched to consumers upon request; downloadable software in the nature of a mobile application that allows providers of therapeutic services, mindfulness services, facial and body treatment services, and cosmetic body care services to be dispatched to consumers upon request; downloadable software relating to massage services, namely, downloadable software in the nature of a mobile application that allows massage therapists to be dispatched to consumers upon request

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.


For International Class 038:
Current identification: Telecommunications services, namely, routing calls, SMS messages, and push-notifications to providers of therapeutic services, mindfulness services, facial and body treatment services, and cosmetic body care services via mobile phones; telecommunications services, namely, routing calls, SMS messages, and push-notifications to body care service providers via mobile phones

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.


For International Class 041:
Current identification: Providing on-site sports, fitness, and mindfulness training dispatched to consumers upon request; provision of advice and information on the aforementioned services

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.


For International Class 042:
Current identification: Providing non-downloadable, online software relating to health and well-being, namely, therapeutic services, mindfulness services, facial and body treatment services, and cosmetic body care services, that allows personal care service providers to be dispatched to consumers upon request; providing online non-downloadable software in the nature of a mobile application that allows providers of therapeutic services, mindfulness services, facial and body treatment services, and cosmetic body care services to be dispatched to consumers upon request; providing online non-downloadable software relating to massage services, namely, online non-downloadable software in the nature of a mobile application that allows massage therapists to be dispatched to consumers upon request

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.


For International Class 044:
Current identification: Providing services relating to health and well-being, namely, massage therapy services, mindfulness meditation therapy services, cosmetic body care services including health spa facial and body treatment services; providing on-site services relating to health and well-being, namely, massage therapy services, mindfulness meditation therapy services, cosmetic body care services including health spa facial and body treatment services dispatched to consumers upon request; providing on-site massage therapy services dispatched to consumers upon request; provision of advice and information on the aforementioned services

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.

Correspondence Information (current):
      Janice Bader
      PRIMARY EMAIL FOR CORRESPONDENCE: jbader@symbus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Janice Bader
      PRIMARY EMAIL FOR CORRESPONDENCE: jbader@symbus.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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 $625 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $775 will be submitted.

Petition




Signature: /j. bader/ Date Signed: 02/24/2021
Signatory's Name: Janice Bader
Signatory's Position: Attorney of record, D.C. bar member
Signatory's Phone: 540-825-3500
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: /j. bader/ Date Signed: 02/24/2021
Signatory's Name: Janice Bader
Signatory's Position: Attorney of record, D.C. bar member
Signatory's Phone: 540-825-3500
Signature method: Signed directly within the form

Serial Number: 88158344
Internet Transmission Date: Wed Feb 24 18:22:09 ET 2021
TEAS Stamp: USPTO/PSE-XXX.XXX.XX.XX-2021022418220991
2052-88158344-770a3d411dec9e624ec038645f
1280d0932350cdc11c8985e2926425e37996be-C
C-22071142-20210224181831852539