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. 88246045 ELITE (Stylized and/or with Design, see http://uspto.report/TM/88246045/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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 018 for Backpacks

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, including t-shirts, shirts, polo shirts, hats, caps, sweatshirts, sweatpants, shorts, socks, footwear, jackets, bandanas, hooded sweatshirts, pants, skirts, underwear, tank tops, beanies, sweaters, gloves, graphic t-shirts, ties and pajamas
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 01/21/2015 and first used in commerce at least as early as 01/21/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Clothing, including t-shirts, shirts, polo shirts, hats, caps, sweatshirts, sweatpants, shorts, socks, footwear, jackets, bandanas, hooded sweatshirts, pants, skirts, underwear, tank tops, beanies, sweaters, gloves, graphic t-shirts, ties and pajamas; Clothing, namely t-shirts, shirts, polo shirts, hats, caps being headwear, sweatshirts, sweatpants, shorts, socks, footwear, jackets, bandanas, hooded sweatshirts, pants, skirts, underwear, tank tops, beanies, sweaters, gloves, graphic t-shirts, ties and pajamasClass 025 for Clothing, namely t-shirts, shirts, polo shirts, hats, caps being headwear, sweatshirts, sweatpants, shorts, socks, footwear, jackets, bandanas, hooded sweatshirts, pants, skirts, underwear, tank tops, beanies, sweaters, gloves, graphic t-shirts, ties and pajamas
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 01/21/2015 and first used in commerce at least as early as 01/21/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of mark on various items of clothing for sale on website. .
"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:
SPU1-1361793254-20191217201441402557_._ELITE_-_Specimen__Class_25_rv.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

The applicant's current attorney information: Fernando Velez, Jr.. Fernando Velez, Jr. of REICKER, PFAU, PYLE & MCROY LLP, is located at

      1421 STATE STREET, SUITE B
      SANTA BARBARA, California 93101
      US

The phone number is 805-966-2440.

The fax number is 805-966-3320.

The email address is lvelez@rppmh.com

The applicants proposed attorney information: Fernando Velez, Jr.. Fernando Velez, Jr. of REICKER, PFAU, PYLE & MCROY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1421 STATE STREET, SUITE B
      SANTA BARBARA, California 93101
      United States

The phone number is 805-966-2440.

The fax number is 805-966-3320.

The email address is lvelez@rppmh.com

Fernando Velez, Jr. 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: FERNANDO VELEZ, JR.. FERNANDO VELEZ, JR. of REICKER, PFAU, PYLE & MCROY LLP, is located at

      1421 STATE STREET, SUITE B
      SANTA BARBARA, California 93101
      US

The phone number is 805-966-2440.

The fax number is 805-966-3320.

The email address is lvelez@rppmh.com

The applicants proposed correspondence information: Fernando Velez, Jr.. Fernando Velez, Jr. of REICKER, PFAU, PYLE & MCROY LLP, is located at

      1421 STATE STREET, SUITE B
      SANTA BARBARA, California 93101
      United States

The phone number is 805-966-2440.

The fax number is 805-966-3320.

The email address is lvelez@rppmh.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a white bear walking with a cigarette in its mouth on a white surface above the stylized white wording "ELITE" with both letters "E" represented with three white lines, all on a black background.

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

SIGNATURE(S)

Signature: /Fernando Velez Jr./      Date: 12/17/2019
Signatory's Name: Fernando Velez Jr.
Signatory's Position: Attorney of record, California Bar Member
Signatory's Phone Number: 805-966-2440


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: /Fernando Velez Jr./      Date: 12/17/2019
Signatory's Name: Fernando Velez Jr.
Signatory's Position: Attorney of record, California Bar memebr
Signatory's Phone Number: 805-966-2440


Response Signature
Signature: /Fernando Velez Jr./     Date: 12/17/2019
Signatory's Name: Fernando Velez Jr.
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 805-966-2440

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:    FERNANDO VELEZ, JR.
   REICKER, PFAU, PYLE & MCROY LLP
   
   1421 STATE STREET, SUITE B
   SANTA BARBARA, California 93101
Mailing Address:    Fernando Velez, Jr.
   REICKER, PFAU, PYLE & MCROY LLP
   1421 STATE STREET, SUITE B
   SANTA BARBARA, California 93101
        
RAM Sale Number: 88246045
RAM Accounting Date: 12/17/2019
        
Serial Number: 88246045
Internet Transmission Date: Tue Dec 17 20:30:14 EST 2019
TEAS Stamp: USPTO/POA-XXX.XXX.X.XXX-2019121720301428
5777-88246045-700b86cbc3df566756293b15f2
69eb2f1c0ea2583a9b880a9a38cd6ad425524e3-
CC-30120811-20191217201441402557