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. 88246060 ELITE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8824606 0/large) 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 proposes to amend the following:

Current:
Class 021 for Pot stands; Flower pots
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:
Class 021 for Pot stands; Flower pots
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 021. The specimen(s) submitted consists of Mark on display case, trade show and packaging..
"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:
SPU0-1-1361793254-2020091 8173342251936_._ELITE__ma rk__-_Specimens.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5

Applicant proposes to amend the following:

Current:
Class 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.


Proposed:
Class 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 display case, trade show, packaging and clothing..
"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:
SPU1-1-1361793254-2020091 8173342251936_._ELITE__ma rk__-_Specimens.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Elite Garden Wholesale, a corporation of California, having an address of
      P.O. Box 386
      Santa Barbara, California 93102
      United States
      Email Address: XXXX
      805-965-4448
      805-966-3320
Proposed: Elite Garden Wholesale, a corporation of California, having an address of
      104 E Haley Street
      Santa Barbara, California 93103
      United States
      Email Address: XXXX
      805-965-4448
      805-966-3320
Correspondence Information (current):
      Fernando Velez, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: lvelez@rppmh.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Fernando Velez, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: lvelez@rppmh.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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

SIGNATURE(S)

Signature: /Fernando Velez Jr./      Date: 09/18/2020
Signatory's Name: Fernando Velez Jr.
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 805-966-2400


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: 09/18/2020
Signatory's Name: Fernando Velez Jr.
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 805-966-2440


Response Signature
Signature: /Fernando Velez Jr./     Date: 09/18/2020
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 an authorized U.S. licensed attorney has been appointed to represent the owner/holder; that he/she has been granted reciprocal recognition under 37 C.F.R. §11.14(c)(1) by the USPTO's Office of Enrollment and Discipline; and, that he/she is an authorized signatory based on 37 C.F.R. §11.14(c)(2).

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: 88246060
RAM Accounting Date: 09/18/2020
        
Serial Number: 88246060
Internet Transmission Date: Fri Sep 18 17:50:13 ET 2020
TEAS Stamp: USPTO/POA-XXX.XXX.X.XXX-2020091817501385
6434-88246060-750ad73f8b015c82fa3829c992
ac34fcb62e26128a817282631533d31e468e45d-
CC-50121299-20200918173342251936