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)

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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 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. 88284649 3 (Stylized and/or with Design, see http://uspto.report/TM/88284649/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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 014 for Smart watch comprised of a wristwatch also featuring a silent wake alarm, telephone, software and display screens for viewing, sending and receiving texts, emails data and information. Wearable multifunctional smartphone compatible personal electronic device, nor for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept; for receiving and sending text message and phone calls; for notification of text message, calendar appointments; for transmitting tracked activity data and documents; for manipulating text and image files; activity tracking device

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 014 ) for Smart watch comprised of a wristwatch also featuring a silent wake alarm, telephone, software and display screens for viewing, sending and receiving texts, emails data and information; wearable multifunctional smartphone compatible personal electronic device, not for medical use, comprised of software and display screens in the form of bracelets and arm bands, for measuring and displaying data relating to the wearer, namely, distances traveled, number of steps taken, metabolic rate, calories burned, and number of hours slept, for receiving and sending text message and phone calls, for notification of text message, calendar appointments, for transmitting tracked activity data and documents; for manipulating text and image files, activity tracking device
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.

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

SIGNATURE(S)

Signature: /g mathew lombard/      Date: 10/03/2019
Signatory's Name: G. Mathew Lombard
Signatory's Position: Attorney for Applicant, NYS Bar Member
Signatory's Phone Number: 917-779-9967


Response Signature
Signature: /g mathew lombard/     Date: 10/03/2019
Signatory's Name: G. Mathew Lombard
Signatory's Position: Attorney for Applicant, NYS Bar Member

Signatory's Phone Number: 917-779-9967

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.

        
RAM Sale Number: 88284649
RAM Accounting Date: 10/03/2019
        
Serial Number: 88284649
Internet Transmission Date: Thu Oct 03 11:49:47 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.X.XX-201910031149478598
13-88284649-610d6345cde05e2bb767e18cd5f2
237c6ad0332c727c65dc305ee73b768fd1788-CC
-49468830-20191003114815995726