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: KITE (Stylized and/or with Design, see mark )
SERIAL NUMBER: 88201155

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: 1955389 Ontario Inc., having an address of
      208 Glengrove Ave. West
      Toronto, M4R1P3
      Canada
      Email: XXXX
Proposed: 1955389 Ontario Inc., having an address of
      208 Glengrove Ave. West
      Toronto, M4R1P3
      Canada
      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 05/05/2020.

The applicant is filing extension number(s): 1


For International Class 005:
Current identification: coffee, teas and herbal teas for medical purposes; powdered nutritional supplement concentrate; powdered nutritional supplement drink mix; nutritional supplement energy bars; all of the aforementioned goods being infused with blends of adaptogen herbs and plants, namely, Moringa, Eleuthero, Gingko Biloba, Tulsi/Holy Basil, Asian ginseng (Panax ginseng), Skullcap, Licorice, Ashwagandha, Reishi, L-theanine, Lions Mane, Bacopa, Rhodiola, Cordyceps, Gotu kola, Ginseng (american), Green tea

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 030:
Current identification: sublingual candy mints, candies

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.


The owner's/holder's current attorney information: David M. Perry. David M. Perry of BLANK ROME LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      8TH FLOOR
      ONE LOGAN SQUARE
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is 153795-00103.

The phone number is 215-569-5767.

The fax number is 215-832-5767.

The email address is perry@blankrome.com

The owner's/holder's proposed attorney information: David M. Perry. Other appointed attorneys are Timothy D. Pecsenye, Bruce D. George, Lisa Casey Spaniel, Megan E. Spitz, Zachary A. Aria, Matthew A. Homyk, Bradford C. Craig, Shaun J. Bockert, Samar Aryani-Sabet, Blake D. Fink and Jillian M. Taylor. David M. Perry of BLANK ROME LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      8TH FLOOR
      ONE LOGAN SQUARE
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is 153795-00103.

The phone number is 215-569-5767.

The fax number is 215-832-5767.

The email address is perry@blankrome.com

David M. Perry 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):
      David M. Perry
      PRIMARY EMAIL FOR CORRESPONDENCE: perry@blankrome.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ndekovich@blankrome.com
Correspondence Information (proposed):
      David M. Perry
      PRIMARY EMAIL FOR CORRESPONDENCE: perry@blankrome.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ndekovich@blankrome.com

The docket/reference number is 153795-00103.

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 total amount of $400 will be submitted.

Petition




Signature: /David M. Perry/ Date Signed: 02/19/2021
Signatory's Name: David M. Perry
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone: 2155695767
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: /David M. Perry/ Date Signed: 02/19/2021
Signatory's Name: David M. Perry
Signatory's Position: Attorney of Record, Pennsylvania Bar Member
Signatory's Phone: 2155695767
Signature method: Sent to third party for signature

Mailing Address:
   BLANK ROME LLP
   8TH FLOOR
   ONE LOGAN SQUARE
   PHILADELPHIA, Pennsylvania 19103

Mailing Address:
   BLANK ROME LLP
   8TH FLOOR
   ONE LOGAN SQUARE
   PHILADELPHIA, Pennsylvania 19103

Serial Number: 88201155
Internet Transmission Date: Fri Feb 19 09:23:52 ET 2021
TEAS Stamp: USPTO/PSE-XX.XX.XXX.X-202102190923523515
44-88201155-7706af5b6f2f71f822f54785da58
e9d03ee5c518e95e8021a1a42bee321ac9f288-C
C-23492634-20210219090606032736