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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88214032 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
DATE OF NOTICE OF ABANDONMENT |
02/08/2021 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
JOURNEY SERIES |
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. |
PETITION |
PETITION STATEMENT |
Applicant 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 |
Notice of Allowance was received by applicant. |
EXTENSION OF TIME TO FILE STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Landice Incorporated |
MAILING ADDRESS |
111 Canfield Ave. |
CITY |
Randolph |
STATE |
New Jersey |
ZIP/POSTAL CODE |
07869 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
973-639-8285 |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Landice Incorporated |
MAILING ADDRESS |
111 Canfield Ave. |
CITY |
Randolph |
STATE |
New Jersey |
ZIP/POSTAL CODE |
07869 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
973-639-8285 |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
028 |
CURRENT IDENTIFICATION |
Exercise equipment, namely, treadmills, stair-stepping machines, elliptical trainers, and stationary exercise cycles |
GOODS OR SERVICES |
KEEP ALL LISTED |
EXTENSION SECTION |
EXTENSION PERIOD(S) |
3 |
ONGOING EFFORT |
product or service research or development ; market research |
ALLOWANCE MAIL DATE |
07/02/2019 |
CORRESPONDENCE INFORMATION (current) |
NAME |
James P. Flynn |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jflynn@ebglaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
yspiewak@ebglaw.com; owallace@ebglaw.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
James P. Flynn |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jflynn@ebglaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
yspiewak@ebglaw.com; owallace@ebglaw.com |
DOCKET/REFERENCE NUMBER |
087732-5 |
PAYMENT SECTION |
PETITION TO REVIVE (INCLUDING A PETITION TO DIRECTOR USED SOLELY AS A PETITION TO REVIVE) |
150 |
NUMBER OF CLASSES IN USE |
1 |
EXTENSION FEE |
125 |
TOTAL AMOUNT |
275 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/yael spiewak/ |
SIGNATORY'S NAME |
Yael Spiewak |
SIGNATORY'S POSITION |
Attorney of Record, New Jersey Bar Member |
DATE SIGNED |
02/10/2021 |
SIGNATORY'S PHONE NUMBER |
9736398258 |
SIGNATURE METHOD |
Signed directly within the form |
DECLARATION SIGNATURE |
/yael spiewak/ |
SIGNATORY'S NAME |
Yael Spiewak |
SIGNATORY'S POSITION |
Attorney of Record, New Jersey Bar Member |
DATE SIGNED |
02/10/2021 |
SIGNATORY'S PHONE NUMBER |
9736398258 |
SIGNATURE METHOD |
Signed directly within the form |
FILING INFORMATION |
SUBMIT DATE |
Wed Feb 10 08:49:11 ET 2021 |
TEAS STAMP |
USPTO/PSE-XX.XXX.XXX.XX-2
0210210084911270637-88214
032-760376e8d1a35e752be1d
b74517e2bed1a46e1a66838aa
338eb5f976b116ac87-DA-490
93221-2021021008462902884
0 |
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: JOURNEY SERIES(Standard Characters, see
mark )
SERIAL NUMBER: 88214032
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: Landice Incorporated, having an address of
111 Canfield Ave.
Randolph, New Jersey 07869
United States
Phone: 973-639-8285
Email: XXXX
Proposed: Landice Incorporated, having an address of
111 Canfield Ave.
Randolph, New Jersey 07869
United States
973-639-8285
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
07/02/2019.
The applicant is filing extension number(s): 3
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 ; market research
For International Class 028:
Current identification: Exercise equipment, namely, treadmills, stair-stepping machines, elliptical trainers, and stationary exercise cycles
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):
James P. Flynn
PRIMARY EMAIL FOR CORRESPONDENCE: jflynn@ebglaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): yspiewak@ebglaw.com; owallace@ebglaw.com
Correspondence Information (proposed):
James P. Flynn
PRIMARY EMAIL FOR CORRESPONDENCE: jflynn@ebglaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): yspiewak@ebglaw.com; owallace@ebglaw.com
The docket/reference number is 087732-5.
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 $125 will be submitted with the form, representing payment for the extension fee.
A fee payment in the total amount of $275 will be submitted.
Petition
Signature: /yael spiewak/ Date Signed: 02/10/2021
Signatory's Name: Yael Spiewak
Signatory's Position: Attorney of Record, New Jersey Bar Member
Signatory's Phone: 9736398258
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: /yael spiewak/ Date Signed: 02/10/2021
Signatory's Name: Yael Spiewak
Signatory's Position: Attorney of Record, New Jersey Bar Member
Signatory's Phone: 9736398258
Signature method: Signed directly within the form
Serial Number: 88214032
Internet Transmission Date: Wed Feb 10 08:49:11 ET 2021
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XX-2021021008491127
0637-88214032-760376e8d1a35e752be1db7451
7e2bed1a46e1a66838aa338eb5f976b116ac87-D
A-49093221-20210210084629028840