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)

---

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. 88252266 UV ANGEL AURA(Standard Characters, see http://uspto.report/TM/88252266/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

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

Applicant respectfully requests reconsideration of the application identified above. Registration has been refused under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because it is alleged that the Applicant's mark is likely to be confused with the registered marks ANGEL TECHNOLOGY ANGEL CORPORATION & Design and TECHNOLOGY ANGEL CORPORATION in U.S. Registration Nos. 5065040 and 5065040 ("Cited Registrations"). Applicant believes that the marks in the Cited Registrations have been abandoned by the Registration, and Applicant has filed a Petition to Cancel the Cited Registrations. A copy of the Petition filing receipt is attached. Applicant requests that action on the current application be suspended pending disposition of the Petition to Cancel the Cited Registrations.

EVIDENCE
Evidence in the nature of Petition to Cancel filing receipt has been attached.
Original PDF file:
evi_6759359-20191008100851332167_._Receipt.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs not for medical purposes
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs not for medical purposes; Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs for medical purposesClass 010 for Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs for medical purposes
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 proposes to amend the following class of goods/services in the application:
Current: Class 011 for Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs for medical purposes
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs for medical purposes; Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs not for medical purposesClass 011 for Sanitizing apparatus using ultraviolet light for sanitizing surfaces where frequent hand contact occurs not for medical purposes
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.

The applicant's current attorney information: James L. Scott. James L. Scott of WARNER NORCROSS + JUDD LLP, is located at

      900 FIFTH THIRD CENTER
      111 LYON STREET NW
      GRAND RAPIDS, Michigan 49503-2487
      US
The docket/reference number is 176428183992.

The phone number is 616-752-2469.

The email address is trademarks@wnj.com

The applicants proposed attorney information: James L. Scott. Other appointed attorneys are James L. Scott. James L. Scott of Warner Norcross + Judd LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1500 Warner Building
      150 Ottawa Ave. NW
      Grand Rapids, Michigan 49503
      United States
The docket/reference number is 176428183992.

The phone number is 616-752-2469.

The email address is trademarks@wnj.com

James L. Scott 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: JAMES L. SCOTT. JAMES L. SCOTT of WARNER NORCROSS + JUDD LLP, is located at

      900 FIFTH THIRD CENTER
      111 LYON STREET NW
      GRAND RAPIDS, Michigan 49503-2487
      US
The docket/reference number is 176428183992.

The phone number is 616-752-2469.

The email address is trademarks@wnj.com

The applicants proposed correspondence information: James L. Scott. James L. Scott of Warner Norcross + Judd LLP, is located at

      1500 Warner Building
      150 Ottawa Ave. NW
      Grand Rapids, Michigan 49503
      United States
The docket/reference number is 176428183992.

The phone number is 616-752-2469.

The email address is trademarks@wnj.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use UV apart from the mark as shown.


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

SIGNATURE(S)

Signature: /JS/      Date: 10/08/2019
Signatory's Name: James Scott
Signatory's Position: Attorney of record, Michigan bar member

Response Signature
Signature: /JS/     Date: 10/08/2019
Signatory's Name: James Scott
Signatory's Position: Attorney of record, Michigan bar member

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:    JAMES L. SCOTT
   WARNER NORCROSS + JUDD LLP
   900 FIFTH THIRD CENTER
   111 LYON STREET NW
   GRAND RAPIDS, Michigan 49503-2487
Mailing Address:    James L. Scott
   Warner Norcross + Judd LLP
   1500 Warner Building
   150 Ottawa Ave. NW
   Grand Rapids, Michigan 49503
        
RAM Sale Number: 88252266
RAM Accounting Date: 10/08/2019
        
Serial Number: 88252266
Internet Transmission Date: Tue Oct 08 10:15:01 EDT 2019
TEAS Stamp: USPTO/POA-XX.XX.X.XX-2019100810150152738
1-88252266-610481582348c91afc6697bcfbb78
860c0b3dd2646485e417c1b9cc69a3a885357-ET
-14589964-20191008100851332167