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. 88249336 BUCKET LIST(Standard Characters, see http://uspto.report/TM/88249336/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. The signatory did not receive the Office action prior to the expiration of the six-month response period, and requests the USPTO to revive the abandoned application and reissue the Office Action.RESPONSE TO OFFICE ACTION

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant seeks to register the mark ?BUCKET LIST? in connection with their already well-known, well- documented, and established brand name in travel entertainment and related products, including travel water bottles. Applicant respectfully disagrees with the refusal based on the most important of the du Pont factors, arguing that the marks are not similar enough in their entireties as to appearance, sound, connotation or commercial impression to warrant a 2(d) likelihood of confusion refusal and that the goods are not related. The applicant is further limiting the description to avoid any confusion with buckets used for other non-drinking purposes (such as the cited mark, a metal bucket serving as a three-dimensional journal).

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, for men, women, and children. Headwear for men, women, and children. Wristbands as accessories for men, women, and children. One-piece clothing items for toddlers and infants. Traveling clothing for men, women, and children
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 05/01/2015 and first used in commerce at least as early as 07/01/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Clothing, namely, for men, women, and children. Headwear for men, women, and children. Wristbands as accessories for men, women, and children. One-piece clothing items for toddlers and infants. Traveling clothing for men, women, and children; reusable travel water bottles sold empty designed to reduce single-use plastic wasteClass 025 for reusable travel water bottles sold empty designed to reduce single-use plastic waste
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, 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.

Applicant hereby submits one(or more) specimen(s) for Class 025 .

The applicant's current attorney information: Brittany Ratelle. Brittany Ratelle of RATELLE LAW, is located at

      SUITE #1-1035
      3556 S 5600 W
      SLC, Utah 84120
      US

The email address is b@ratellelaw.com

The applicants proposed attorney information: Brittany Ratelle. Brittany Ratelle of RATELLE LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE #1-1035
      3556 S 5600 W
      SLC, Utah 84120
      United States

The email address is b@ratellelaw.com

Brittany Ratelle 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: BRITTANY RATELLE. BRITTANY RATELLE of RATELLE LAW, is located at

      SUITE #1-1035
      3556 S 5600 W
      SLC, Utah 84120
      US

The email address is b@ratellelaw.com

The applicants proposed correspondence information: Brittany Ratelle. Brittany Ratelle of RATELLE LAW, is located at

      SUITE #1-1035
      3556 S 5600 W
      SLC, Utah 84120
      United States

The email address is b@ratellelaw.com

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

SIGNATURE(S)

Signature: /Brittany Ratelle/      Date: 12/18/2019
Signatory's Name: Brittany Ratelle
Signatory's Position: Attorney of record, Utah bar member
Signatory's Phone Number: 8013193004


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: /Brittany Ratelle/      Date: 12/18/2019
Signatory's Name: Brittany Ratelle
Signatory's Position: Attorney of Record, UT bar member
Signatory's Phone Number: 3859853606


Response Signature
Signature: /Brittany Ratelle/     Date: 12/18/2019
Signatory's Name: Brittany Ratelle
Signatory's Position: Attorney of Record, Utah Bar member

Signatory's Phone Number: 3859853606

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:    BRITTANY RATELLE
   RATELLE LAW
   SUITE #1-1035
   3556 S 5600 W
   SLC, Utah 84120
Mailing Address:    Brittany Ratelle
   RATELLE LAW
   SUITE #1-1035
   3556 S 5600 W
   SLC, Utah 84120
        
RAM Sale Number: 88249336
RAM Accounting Date: 12/18/2019
        
Serial Number: 88249336
Internet Transmission Date: Wed Dec 18 05:37:17 EST 2019
TEAS Stamp: USPTO/POA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191218053717545347-88249336-
70076621bb4697d59c13de7bf6e9237fb9f6a336
278b9fa22cdc35fdbcc8558528-CC-37152110-2
0191218051901553603