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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88251029 |
LAW OFFICE ASSIGNED | LAW OFFICE 115 |
DATE OF NOTICE OF ABANDONMENT | 06/08/2020 |
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 | |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | VIRTUE |
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. |
ARGUMENT(S) | |
Applicant respectfully disagrees with the Examiner's determination that the specimen was digitally altered. This is simply not the case. The specimen submitted in the statement of use was and is an actual photograph of Applicant's paint brush with the brand name"Virtue" engraved in the artist brush. As suck, while Applicant will supply an additional substitute specimen, Applicant kindly requests that the specimen refusal be withdrawn. | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 016 |
DESCRIPTION | Artists' brushes |
FIRST USE ANYWHERE DATE | At least as early as 07/01/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 07/01/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 016 |
DESCRIPTION | Artists' brushes |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 07/01/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 07/01/2019 |
STATEMENT TYPE | "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]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\510\88251029\xml2 \ POA0002.JPG |
SPECIMEN DESCRIPTION | Photograph of Applicant's paintbrush with Applicant's mark engraved showing use of the mark in commerce |
DELETED FILING BASIS | 1(b) |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | Responses to Request for information: 1. Artists' brushes 2. No - it is an actual photraph of Applicant's product 3. Applicant sells directly to educational institutions. Applicant has relationships with institutions and sells directly to them. There are no product listings or images of how this product is marketed.4 4. See answer above. 5. The goods bearing the mark were first availble in the United States in July of 2019. The goods are still available, with the latest style brush shown in the substitute specimen. 6. Applicant has sold $4900 worth of Artists' brushes under the VIRTUE brand. Because of the nature of transactions with the schoos, any invoice would not have the Virtue name on it |
ATTORNEY INFORMATION (current) | |
NAME | Adriano Pacifici |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Intellectual Property Consulting, LLC |
INTERNAL ADDRESS | 334 Carondelet Street |
STREET | Suite B |
CITY | New Orleans |
STATE | Louisiana |
POSTAL CODE | 70130 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 5043236600 |
apacifici@iplawconsulting.com | |
DOCKET/REFERENCE NUMBER | 01057 |
ATTORNEY INFORMATION (proposed) | |
NAME | Adriano Pacifici |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | Intellectual Property Consulting, LLC |
INTERNAL ADDRESS | Suite 1400 |
STREET | 400 Poydras Street |
CITY | New Orleans |
STATE | Louisiana |
POSTAL CODE | 70130 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
PHONE | 5043236600 |
apacifici@iplawconsulting.com | |
DOCKET/REFERENCE NUMBER | 01057 |
CORRESPONDENCE INFORMATION (current) | |
NAME | Adriano Pacifici |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | apacifici@iplawconsulting.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | trademarks@iplawconsulting.com |
DOCKET/REFERENCE NUMBER | 01057 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | Adriano Pacifici |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | apacifici@iplawconsulting.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | creid@iplawconsulting.com |
DOCKET/REFERENCE NUMBER | 01057 |
PAYMENT SECTION | |
TOTAL AMOUNT | 100 |
TOTAL FEES DUE | 100 |
SIGNATURE SECTION | |
PETITION SIGNATURE | /APacifici/ |
SIGNATORY'S NAME | Adriano Pacifici |
SIGNATORY'S POSITION | Attorney of record |
SIGNATORY'S PHONE NUMBER | 504-323-6600 |
DATE SIGNED | 08/05/2020 |
DECLARATION SIGNATURE | /APacifici/ |
SIGNATORY'S NAME | Adriano Pacifici |
SIGNATORY'S POSITION | Attorney of record |
SIGNATORY'S PHONE NUMBER | 504-323-6600 |
DATE SIGNED | 08/05/2020 |
RESPONSE SIGNATURE | /APacifici/ |
SIGNATORY'S NAME | Adriano Pacifici |
SIGNATORY'S POSITION | Attorney of record |
SIGNATORY'S PHONE NUMBER | 504-323-6600 |
DATE SIGNED | 08/05/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Aug 05 21:17:24 ET 2020 |
TEAS STAMP | USPTO/POA-XX.XX.XXX.XX-20 200805211724731720-882510 29-7407ca1ed392028e925896 8f2461894795bed76e3675e7d 495b244b7cc06f6b8d-CC-172 21189-2020080520471936154 6 |
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) |
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.