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: BIVOUAC(Standard Characters, see http://uspto.report/TM/88281633/mark.png)
SERIAL NUMBER: 88281633

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 not received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The applicant, BIG3 BASKETBALL, LLC, having an address of
      644 S Figueroa street
      Los Angeles, California 90017
      United States
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 07/16/2019.

The applicant is filing extension number(s): 1


For International Class 041:
Current identification: Entertainment services, namely, organizing, producing and arranging sporting events, exhibitions, and tournaments in the field of basketball; providing web sites in the fields of sports information and entertainment information; Providing web sites featuring entertainment information in the field of human storytelling; production and distribution of television shows, radio shows and motion pictures; Entertainment and educational services in the nature of ongoing television and radio programs in the field of basketball and rendering live basketball games and basketball exhibitions; the production and distribution of radio and television shows featuring basketball games, basketball events and programs in the field of basketball; conducting and arranging basketball clinics and camps, coaches clinics and camps, cheerleading and dance team clinics and camps and basketball games; entertainment services in the nature of personal appearances by a costumed mascot or dance team at basketball games and exhibitions, clinics, camps, promotions, and other basketball-related events, special events and parties; fan club services entertainment services, namely, providing a website featuring non-downloadable multimedia material in the nature of television highlights, interactive television highlights, video recordings, video stream recordings, interactive video highlight selections, radio programs, radio highlights, and audio recordings in the field of basketball; providing news and information in the nature of statistics and trivia in the field of basketball; on-line non-downloadable games, namely, computer games, video games, interactive video games, action skill games, arcade games, puzzles, and trivia games; electronic publishing services, namely, publication of magazines, guides, newsletters, coloring books, and game schedules of others on-line through the Internet, all in the field of basketball; providing a web site featuring sports information, sports news, and sports league player statistics

This allegation of use does NOT cover the following goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; these goods/services are being permanently deleted: production and distribution of television shows, radio shows and motion pictures; cheerleading and dance team clinics and camps; on-line non-downloadable games, namely, computer games, video games, interactive video games, action skill games, arcade games, puzzles, and trivia games; electronic publishing services, namely, publication of magazines, guides, newsletters, coloring books, and game schedules of others on-line through the Internet, all in the field of basketball

The mark is in use in commerce on or in connection with the following goods/services listed in the Notice of Allowance or as subsequently modified for this specific class: Entertainment services, namely, organizing, producing and arranging sporting events, exhibitions, and tournaments in the field of basketball; providing web sites in the fields of sports information and entertainment information; Providing web sites featuring entertainment information in the field of human storytelling; Entertainment and educational services in the nature of ongoing television and radio programs in the field of basketball and rendering live basketball games and basketball exhibitions; the production and distribution of radio and television shows featuring basketball games, basketball events and programs in the field of basketball; conducting and arranging basketball clinics and camps, coaches clinics and camps, and basketball games; entertainment services in the nature of personal appearances by a costumed mascot or dance team at basketball games and exhibitions, clinics, camps, promotions, and other basketball-related events, special events and parties; fan club services entertainment services, namely, providing a website featuring non-downloadable multimedia material in the nature of television highlights, interactive television highlights, video recordings, video stream recordings, interactive video highlight selections, radio programs, radio highlights, and audio recordings in the field of basketball; providing news and information in the nature of statistics and trivia in the field of basketball; providing a web site featuring sports information, sports news, and sports league player statistics The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/25/2019, and first used in commerce at least as early as 01/25/2019, 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) Screenshot of mark used in connection with services.

Original PDF file:
SPN0-12147109210-20200122005450623480_._Bivouac___BIG3.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


The applicant's current attorney information: Michael P. Martin. Michael P. Martin of Fischbach, Perlstein, Lieberman & Almond, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1925 Century Park East, Suite 2050
      Los Angeles, California 90067
      United States

The phone number is 3105561956.

The fax number is 3105564617.

The email address is mmartin@fpllaw.com

The applicants proposed attorney information: David Erikson. David Erikson of Fischbach, Perlstein, Lieberman & Almond, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1925 Century Park East,, Suite 2050
      Los Angeles, California 90067
      United States

The phone number is 3105561956.

The fax number is 3105564617.

The email address is mmartin@fpllaw.com

David Erikson 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: Michael P. Martin. Michael P. Martin of Fischbach, Perlstein, Lieberman & Almond, LLP, is located at

      1925 Century Park East, Suite 2050
      Los Angeles, California 90067
      United States

The phone number is 3105561956.

The fax number is 3105564617.

The email address is mmartin@fpllaw.com

The applicants proposed correspondence information: David Erikson. David Erikson of Fischbach, Perlstein, Lieberman & Almond, LLP, is located at

      1925 Century Park East,, Suite 2050
      Los Angeles, California 90067
      United States

The phone number is 3105561956.

The fax number is 3105564617.

The email address is mmartin@fpllaw.com

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: /Michael P. Martin/ Date Signed: 01/22/2020
Signatory's Name: Michael P. Martin
Signatory's Position: Attorney of Record- California State Bar Member
Signatory's Phone: 3105561956
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: /Michael P. Martin/ Date Signed: 01/22/2020
Signatory's Name: Michael P. Martin
Signatory's Position: Attorney of Record- California State Bar Member
Signatory's Phone: 3105561956

Mailing Address:
   Fischbach, Perlstein, Lieberman & Almond, LLP
   
   1925 Century Park East, Suite 2050
   Los Angeles, California 90067

Mailing Address:
   Fischbach, Perlstein, Lieberman & Almond, LLP
   
   1925 Century Park East,, Suite 2050
   Los Angeles, California 90067

Serial Number: 88281633
Internet Transmission Date: Wed Jan 22 13:16:58 EST 2020
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-202001221316585
83415-88281633-700bd9a2dd1b366dd97b63cc1
d5c2e6389128e81e7891d83a737b9b32bc871533
0-CC-16573560-20200122131120638764