TEAS Petition to Revive SOU

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 2195 (Rev 09/2004)

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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: WINDWARD(Standard Characters, see http://uspto.report/TM/88216088/mark.png)
SERIAL NUMBER: 88216088

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 applicant, Better Organics, having an address of
      2291 Burnham Rd.
      Ojai, California 93023
      United States
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 06/11/2019.

The applicant is filing extension number(s): 1


For International Class 003:
Current identification: Non-medicated balms for use on skin

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 005:
Current identification: Herbal tinctures for medical purposes

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 applicant's current attorney information: Matt Schneller. Matt Schneller of SCHNELLER IP, PLLC, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      United States

The phone number is 206-679-1895.

The email address is matt@schnellerip.com

The applicants proposed attorney information: Matt Schneller. Matt Schneller of SCHNELLER IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      United States

The phone number is 206-679-1895.

The email address is matt@schnellerip.com

Matt Schneller 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: MATT SCHNELLER. MATT SCHNELLER of SCHNELLER IP, PLLC, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      United States

The phone number is 206-679-1895.

The email address is matt@schnellerip.com

The applicants proposed correspondence information: MATT SCHNELLER. MATT SCHNELLER of SCHNELLER IP, PLLC, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      United States

The phone number is 206-679-1895.

The email address is matt@schnellerip.com; docket@schnellerip.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition 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 $350 will be submitted.

Petition




Signature: /Matt Schneller/ Date Signed: 01/14/2020
Signatory's Name: Matt Schneller
Signatory's Position: Attorney of Record, Tennessee bar
Signatory's Phone: 2066791895
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: /Matt Schneller/ Date Signed: 01/14/2020
Signatory's Name: Matt Schneller
Signatory's Position: Attorney of Record, TN bar
Signatory's Phone: 2066791895

Mailing Address:
   SCHNELLER IP, PLLC
   
   PO BOX 1449
   FRANKLIN, Tennessee 37065

Mailing Address:
   SCHNELLER IP, PLLC
   
   PO BOX 1449
   FRANKLIN, Tennessee 37065

Serial Number: 88216088
Internet Transmission Date: Tue Jan 14 11:33:54 EST 2020
TEAS Stamp: USPTO/PSE-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200114113354560194-88216088-7
001c23e5e1d4769ed7d47524a44b7801d298996c
7cea76e1c108f3ea64f6c86-CC-33520284-2020
0114112647148327