TEAS Petition to Revive SOU

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 2195 (Rev 09/2004)

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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: LUXX BY TRAVELING VINEYARD (Stylized and/or with Design, see mark )
SERIAL NUMBER: 88272362

PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice of Allowance was received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The owner proposes to amend the following:
Current: Phoenix Vintners, LLC, having an address of
      127 High Street
      Ipswich, Massachusetts 01938
      United States
      Phone: 877-340-9869
Proposed: Phoenix Vintners, LLC, having an address of
      127 High Street
      Ipswich, Massachusetts 01938
      United States
      877-340-9869
      Email: XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 07/23/2019.

The applicant is filing extension number(s): 2



For International Class 033:
Current identification: still wine sold through in-home wine tasting events and within the social network of in-home wine tasting events

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/18/2020, and first used in commerce at least as early as 07/18/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photos of wine bottle bearing mark.

Original PDF file:
SPN0-50252203137-20200901 123559451325_._specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The owner's/holder's current attorney information: Antoinette G. Giugliano. Antoinette G. Giugliano of ANTOINETTE G. GIUGLIANO, PC DBA AGG INTELLECTUAL P, is located at

      SUITE 227C
      100 CUMMINGS CENTER
      BEVERLY, Massachusetts 01915
      United States
The docket/reference number is 0246.0140-00.

The phone number is 978-927-7377.

The fax number is (978) 927-7477.

The email address is agg@protectinventions.com

The owner's/holder's proposed attorney information: Antoinette G. Giugliano. Antoinette G. Giugliano of Antoinette G Giugliano PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      dba AGG Intellectual Property Law
      100 Cummings Center, Suite 227C
      BEVERLY, Massachusetts 01915
      United States
The docket/reference number is 0246.0140-00.

The phone number is 978-927-7377.

The fax number is (978) 927-7477.

The email address is agg@protectinventions.com

Antoinette G. Giugliano 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.Correspondence Information (current):
      ANTOINETTE G. GIUGLIANO
      PRIMARY EMAIL FOR CORRESPONDENCE: agg@protectinventions.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): legaladmin@ProtectInventions.com

The docket/reference number is 0246.0140-00.
Correspondence Information (proposed):
      Antoinette G. Giugliano
      PRIMARY EMAIL FOR CORRESPONDENCE: agg@protectinventions.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): legaladmin@ProtectInventions.com

The docket/reference number is 0246.0140-00.

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

A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $125 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the total amount of $325 will be submitted.

Petition




Signature: /Richard e Libby/ Date Signed: 09/02/2020
Signatory's Name: Richard E. Libby
Signatory's Position: CEO
Signatory's Phone: (877) 340-9869
Declaration

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 all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified 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; and that 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: /richard e libby/ Date Signed: 09/01/2020
Signatory's Name: Richard E. Libby
Signatory's Position: CEO
Signatory's Phone: (877) 340-9869

Mailing Address:
   ANTOINETTE G. GIUGLIANO, PC DBA AGG INTELLECTUAL P
   SUITE 227C
   100 CUMMINGS CENTER
   BEVERLY, Massachusetts 01915

Mailing Address:
   Antoinette G Giugliano PC
   dba AGG Intellectual Property Law
   100 Cummings Center, Suite 227C
   BEVERLY, Massachusetts 01915

Serial Number: 88272362
Internet Transmission Date: Wed Sep 02 20:50:11 ET 2020
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-202009022050116
46764-88272362-75046f286ec305d9e35bb7ec0
d971a017246a4a2bb21643f33ef3cd4a5ad213d2
5-CC-50105644-20200901123559451325