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. 88206330 BALLAST (Stylized and/or with Design, see http://uspto.report/TM/88206330/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:

Examining Attorney refuses registration for the current mark because of a likelihood of confusion with a prior filed mark, USPTO Serial Number 87583996. However, the prior filed mark covers goods relating to medical devices that deal with bones and bone tissue. On the contrary, applicant's mark is associated with goods that are strictly neurological in nature. Applicant agrees and assures that the goods associated with the applied for mark will be limited strictly to the field of neurology and the brain.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical devices for use in treating or diagnosing peripheral, coronary, and neuro vasculature conditions via interventional technology
Original Filing Basis:
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 01/27/2018 and first used in commerce at least as early as 11/07/2018 , and is now in use in such commerce.

Proposed: Class 010 for Medical devices for use in treating or diagnosing peripheral, coronary, and neuro vasculature conditions via interventional technology
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 01/27/2018 and first used in commerce at least as early as 11/07/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 010 . The specimen(s) submitted consists of Labels, bearing the applied-for mark, which are affixed on the actual goods that are associated with said mark. .
"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].
Original PDF file:
SPU0-471546227-20191011133514081281_._Substitute.Specimen.1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-471546227-20191011133514081281_._Substitute.Specimen.2.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Peter J. Gluck. Peter J. Gluck of PATNSTR, APC, is located at

      31878 DEL OBISPO STREET, SUITE # 118-320
      SAN JUAN CAPISTRANO, California 92675
      US

The phone number is 949-680-9066.

The email address is peterjgluck@yahoo.com

The applicants proposed attorney information: Peter J. Gluck. Peter J. Gluck of PATNSTR, APC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      31878 DEL OBISPO STREET, SUITE # 118-320
      SAN JUAN CAPISTRANO, California 92675
      United States

The phone number is 949-680-9066.

The email address is peterjgluck@yahoo.com

Peter J. Gluck 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: PETER J. GLUCK. PETER J. GLUCK of PATNSTR, APC, is located at

      31878 DEL OBISPO STREET, SUITE # 118-320
      SAN JUAN CAPISTRANO, California 92675
      US

The phone number is 949-680-9066.

The fax number is 949-788-1444.

The email address is peterjgluck@yahoo.com; kmiddleton@ktmlaw.us; laurahulac@yahoo.com

The applicants proposed correspondence information: Peter J. Gluck. Peter J. Gluck of PATNSTR, APC, is located at

      This is being submitted with a USCIS application for US residency on behalf of my husband. The name of the author of this document is Aldo Gonzalo Jimenez Vera.
      31878 DEL OBISPO STREET, SUITE # 118-320
      SAN JUAN CAPISTRANO, California 92675
      United States

The phone number is 949-680-9066.

The email address is peterjgluck@yahoo.com; kmiddleton@ktmlaw.us; laurahulac@yahoo.com

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

SIGNATURE(S)

Signature: /Peter J. Gluck/      Date: 10/11/2019
Signatory's Name: Peter J. Gluck
Signatory's Position: Attorney of record
Signatory's Phone Number: 949-680-9066


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: /Peter J. Gluck/      Date: 10/11/2019
Signatory's Name: Peter J. Gluck
Signatory's Position: Attorney of record
Signatory's Phone Number: (949) 680-9066


Response Signature
Signature: /Peter J. Gluck/     Date: 10/11/2019
Signatory's Name: Peter J. Gluck
Signatory's Position: Attorney of record

Signatory's Phone Number: (949) 680-9066

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:    PETER J. GLUCK
   PATNSTR, APC
   
   31878 DEL OBISPO STREET, SUITE # 118-320
   SAN JUAN CAPISTRANO, California 92675
Mailing Address:    Peter J. Gluck
   PATNSTR, APC
   This is being submitted with a USCIS application for US residency on behalf of my husband. The name of the author of this document is Aldo Gonzalo Jimenez Vera.
   31878 DEL OBISPO STREET, SUITE # 118-320
   SAN JUAN CAPISTRANO, California 92675
        
RAM Sale Number: 88206330
RAM Accounting Date: 10/11/2019
        
Serial Number: 88206330
Internet Transmission Date: Fri Oct 11 13:55:33 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.X.XXX-20191011135533967
339-88206330-6104012e9657705f55134c4d70d
27dea8742bc83168c7b119c64c66a7445a06ae9-
DA-55334824-20191011133514081281