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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88254855 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
| DATE OF NOTICE OF ABANDONMENT |
11/07/2019 |
| 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 |
http://uspto.report/TM/88254855/mark.png |
| LITERAL ELEMENT |
REVIVA |
| 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 submits that its mark REVIVA for Anti-perspirants; Body creams; Cosmetics; Deodorants for human beings; Deodorants for
personal use; Dish detergents; Eye shadows; Facial creams; Facial lotion; Glitter for cosmetic purposes; Lipsticks; Make-up; Shampoos; Talcum powders; Cosmetics for children; Face powder; Hair
tonics; Non-medicated soaps; Perfumed soaps; Toilet soaps, can coexist with the mark REVIVA LABS for Facial Masks; soaps, non-medicated soaps; and cosmetics and skin care products, namely, skin
creams, skin lotions, skin cleansers, and skin toners Applicant already owns a registered mark that coexists with the cited registrations, namely, REVIVA BY CHERRY, reg. no. 5670130, for for Body
creams; Cologne; Essential oils; Hair care creams; Hair conditioners; Hair emollients; Hair gels; Hair lotions; Hair shampoos and conditioners; Hair styling gel; Lotions for cosmetic purposes;
Perfumery; Shampoos; Toilet water; Cosmetic creams; Cosmetic hair dressing preparations; Liquid bath soaps; Non-medicated dentifrices; Non-medicated soaps; Non-medicated bath soaps in liquid, solid
or gel form; Pre-moistened cosmetic wipes; Shaving stones being astringents for cosmetic purposes; Teeth whitening strips impregnated with teeth whitening preparations. The word CHERRY appears in
small letters. The word REVIVA is the dominant portion of the mentioned prior registration owned by applicant. A copy of the registration certificate is attached herewith. Clearly then, this Office
has already passed judgement over applicant's mark and the cited registrations and has determined that the marks can coexist. Furthermore, registrant already owns propietary rights over the term
REVIVA in connection with mentioned goods. The applied-for mark and the cited registrations already coexist in the United States. Accordingly, applicant requests that the Section 2(d) refusal entered
in this case be withdrawn. Respectfully submitted. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_942068066-20200107181404011307_._reviva_by_cherry_titulo.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\548\88254855\xml6\POA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\882\548\88254855\xml6\POA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE |
copy of certificate of registration of the mark REVIVA BY CHERRY, reg. no. 5670130 |
| ADDITIONAL STATEMENTS SECTION |
| TRANSLATION |
The English translation of REVIVA in the mark is I REVIVE. |
| ATTORNEY SECTION (current) |
| NAME |
Vivian Ortiz-Ponce |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| STREET |
P.O. BOX 9024163 |
| CITY |
SAN JUAN |
| STATE |
Puerto Rico |
| POSTAL CODE |
00902-4163 |
| COUNTRY |
US |
| PHONE |
787-722-4450 |
| FAX |
787-725-3144 |
| EMAIL |
mail@marcas-estadosunidos.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| ATTORNEY SECTION (proposed) |
| NAME |
Vivian Ortiz-Ponce |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
MARCAS ESTADOS UNIDOS |
| STREET |
P.O. Box 9024163 |
| CITY |
San Juan |
| POSTAL CODE |
00902-4163 |
| COUNTRY |
Puerto Rico |
| PHONE |
787-722-4450 |
| FAX |
787-725-3144 |
| EMAIL |
mail@marcas-estadosunidos.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| OTHER APPOINTED ATTORNEY |
Arturo Perez-Guerrero |
| CORRESPONDENCE SECTION (current) |
| NAME |
VIVIAN ORTIZ-PONCE |
| STREET |
P.O. BOX 9024163 |
| CITY |
SAN JUAN |
| STATE |
Puerto Rico |
| POSTAL CODE |
00902-4163 |
| COUNTRY |
US |
| PHONE |
787-722-4450 |
| FAX |
787-725-3144 |
| EMAIL |
mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Vivian Ortiz-Ponce |
| FIRM NAME |
MARCAS ESTADOS UNIDOS |
| STREET |
P.O. Box 9024163 |
| CITY |
San Juan |
| POSTAL CODE |
00902-4163 |
| COUNTRY |
Puerto Rico |
| PHONE |
787-722-4450 |
| FAX |
787-725-3144 |
| EMAIL |
mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com; arturo@perezguerrero.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| PAYMENT SECTION |
| TOTAL AMOUNT |
100 |
| TOTAL FEES DUE |
100 |
| SIGNATURE SECTION |
| PETITION SIGNATURE |
/Vivian Ortiz-Ponce/ |
| SIGNATORY'S NAME |
Vivian Ortiz-Ponce |
| SIGNATORY'S POSITION |
Applicant's attorney, Puerto Rico bar member |
| SIGNATORY'S PHONE NUMBER |
7877223446 |
| DATE SIGNED |
01/07/2020 |
| RESPONSE SIGNATURE |
/Vivian Ortiz-Ponce/ |
| SIGNATORY'S NAME |
Vivian Ortiz-Ponce |
| SIGNATORY'S POSITION |
applicant's attorney, Puerto Rico bar member |
| SIGNATORY'S PHONE NUMBER |
7877223446 |
| DATE SIGNED |
01/07/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Jan 07 18:42:34 EST 2020 |
| TEAS STAMP |
USPTO/POA-XX.XXX.XX.XX-20
200107184234911855-882548
55-7007e2672d72ae19237bf9
dcd8b70da93bde48906a391e9
0e5fee329113365cba6-CC-42
338537-202001071814040113
07 |
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.
88254855 REVIVA(Standard Characters, see http://uspto.report/TM/88254855/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 submits that its mark REVIVA for Anti-perspirants; Body creams; Cosmetics; Deodorants for human beings; Deodorants for personal use; Dish detergents; Eye shadows; Facial
creams; Facial lotion; Glitter for cosmetic purposes; Lipsticks; Make-up; Shampoos; Talcum powders; Cosmetics for children; Face powder; Hair tonics; Non-medicated soaps; Perfumed soaps; Toilet
soaps, can coexist with the mark REVIVA LABS for Facial Masks; soaps, non-medicated soaps; and cosmetics and skin care products, namely, skin creams, skin lotions, skin cleansers, and skin toners
Applicant already owns a registered mark that coexists with the cited registrations, namely, REVIVA BY CHERRY, reg. no. 5670130, for for Body creams; Cologne; Essential oils; Hair care creams; Hair
conditioners; Hair emollients; Hair gels; Hair lotions; Hair shampoos and conditioners; Hair styling gel; Lotions for cosmetic purposes; Perfumery; Shampoos; Toilet water; Cosmetic creams; Cosmetic
hair dressing preparations; Liquid bath soaps; Non-medicated dentifrices; Non-medicated soaps; Non-medicated bath soaps in liquid, solid or gel form; Pre-moistened cosmetic wipes; Shaving stones
being astringents for cosmetic purposes; Teeth whitening strips impregnated with teeth whitening preparations. The word CHERRY appears in small letters. The word REVIVA is the dominant portion of the
mentioned prior registration owned by applicant. A copy of the registration certificate is attached herewith. Clearly then, this Office has already passed judgement over applicant's mark and the
cited registrations and has determined that the marks can coexist. Furthermore, registrant already owns propietary rights over the term REVIVA in connection with mentioned goods. The applied-for mark
and the cited registrations already coexist in the United States. Accordingly, applicant requests that the Section 2(d) refusal entered in this case be withdrawn. Respectfully submitted.
EVIDENCE
Evidence in the nature of copy of certificate of registration of the mark REVIVA BY CHERRY, reg. no. 5670130 has been attached.
Original PDF file:
evi_942068066-20200107181404011307_._reviva_by_cherry_titulo.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
The applicant's current attorney information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce, is located at
P.O. BOX 9024163
SAN JUAN, Puerto Rico 00902-4163
US
The phone number is 787-722-4450.
The fax number is 787-725-3144.
The email address is mail@marcas-estadosunidos.com
The applicants proposed attorney information: Vivian Ortiz-Ponce. Other appointed attorneys are Arturo Perez-Guerrero. Vivian Ortiz-Ponce of MARCAS ESTADOS UNIDOS, is a member of the XX bar,
admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
P.O. Box 9024163
San Juan, 00902-4163
Puerto Rico
The phone number is 787-722-4450.
The fax number is 787-725-3144.
The email address is mail@marcas-estadosunidos.com
Vivian Ortiz-Ponce 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: VIVIAN ORTIZ-PONCE. VIVIAN ORTIZ-PONCE, is located at
P.O. BOX 9024163
SAN JUAN, Puerto Rico 00902-4163
US
The phone number is 787-722-4450.
The fax number is 787-725-3144.
The email address is mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com
The applicants proposed correspondence information: Vivian Ortiz-Ponce. Vivian Ortiz-Ponce of MARCAS ESTADOS UNIDOS, is located at
P.O. Box 9024163
San Juan, 00902-4163
Puerto Rico
The phone number is 787-722-4450.
The fax number is 787-725-3144.
The email address is mail@marcas-estadosunidos.com; serviciosmarcarios@yahoo.com; arturo@perezguerrero.com
ADDITIONAL STATEMENTS
Translation
The English translation of REVIVA in the mark is I REVIVE.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Signature: /Vivian Ortiz-Ponce/ Date: 01/07/2020
Signatory's Name: Vivian Ortiz-Ponce
Signatory's Position: Applicant's attorney, Puerto Rico bar member
Signatory's Phone Number: 7877223446
Response Signature
Signature: /Vivian Ortiz-Ponce/ Date: 01/07/2020
Signatory's Name: Vivian Ortiz-Ponce
Signatory's Position: applicant's attorney, Puerto Rico bar member
Signatory's Phone Number: 7877223446
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: VIVIAN ORTIZ-PONCE
P.O. BOX 9024163
SAN JUAN, Puerto Rico 00902-4163
Mailing Address: Vivian Ortiz-Ponce
MARCAS ESTADOS UNIDOS
P.O. Box 9024163
San Juan, 00902-4163
RAM Sale Number: 88254855
RAM Accounting Date: 01/07/2020
Serial Number: 88254855
Internet Transmission Date: Tue Jan 07 18:42:34 EST 2020
TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20200107184234911
855-88254855-7007e2672d72ae19237bf9dcd8b
70da93bde48906a391e90e5fee329113365cba6-
CC-42338537-20200107181404011307
