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. 88286831 IRCON(Standard Characters, see http://uspto.report/TM/88286831/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:

See attached response to office action. 

EVIDENCE
Evidence in the nature of Response to office action. has been attached.
Original PDF file:
evi_72668647-20200113092506552750_._Response_to_Office_ACTION_SN_88286831_IRCON.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Industrial cooking ovens; Industrial ovens for industrial use; Industrial oven for paper industries; Industrial oven for metal industries; Gas generating furnaces for industrial use; Industrial ovens and furnaces not for food or beverages; Heating apparatus for furnaces; Shaped fittings for ovens; Ovens for use in the paper, board, metal and food industries; Ovens as a drying solution; Electric cooking ovens for household use; Gas fired water heaters; Thermal treatment furnaces; Gas fired combined furnaces for use in the production of steel; Gas fired combined hearth-type and shaft furnaces for use steel production; Gas fired space heating apparatus; Furnaces for industrial use; Industrial ovens utilizing air frequency fields for drying purposes; Industrial drying installations; Industrial installations for airing; Industrial apparatus for drying; Industrial gas operated devices used in drying; Infrared heating panels; Infrared radiators; Incinerators; Heat generating apparatus, namely, heat generators; Steam heating apparatus for industrial or commercial purposes; Burners, namely, gas burners, Oxyhydrogen burners; Burners for industrial use; Industrial electric heat-treating furnaces; Gas fired furnaces for industrial purposes; Gas operated apparatus for heating for industrial purposes; Gas fired heating installations; Gas pre-heating apparatus for industrial use; Industrial heating installations; Industrial heating apparatus for industrial use; Industrial water heaters; Microwave ovens for cooking; Microwave ovens for industrial purposes; Gas fired infrared burners, boilers and heaters; Heating units for industrial purposes; Heating apparatus for industrial drying; Electric food dehydrators; Electrically operated apparatus used in drying; Industrial or commercial drying ovens; Air dryers; Industrial drying installations; Drying apparatus and installations; Industrial furnaces; Gas burners for industrial purposes; Industrial cooking ovens; Industrial cooking installations; Industrial heating furnaces; Heating installations for industrial use; Heating installations for use with gaseous fuels; Gas fire radiants; Radiant fan heaters; Gas fired combined furnaces for use in the production of steel; Gas fired combined hearth-type and shaft furnaces for use steel production; Eectric radiant heaters for household purposes; Radiant heaters; Gas fired space heating apparatus; Gas space heaters; Hot water heaters; Electric cooking ovens; Hot water heating installations; Infrared lamps, not for medical purposes; Air drying apparatus to use in industry; Infrared drying installations for industrial or commercial purposes; Infrared Air drying apparatus for industrial or commercial purposes; Infrared Furnaces
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018016670 filed 01/29/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Industrial cooking ovens; Industrial ovens for industrial use; Industrial oven for paper industries; Industrial curing oven for paper industries; Industrial oven for metal industries; Industrial curing oven for metal industries; Gas generating furnaces for industrial use; Industrial ovens and furnaces not for food or beverages; Industrial curing ovens, not for food or beverages; Heating apparatus for furnaces; furnaces not for food or beverages; Shaped fittings for ovens; Heating apparatus for furnaces, namely, furnace boilers; Ovens for use in the paper, board, metal and food industries; Shaped fittings for ovens, namely. spark igniters for gas ovens; Ovens as a drying solution; Curing ovens for use in the paper, board, metal and food industries; Curing ovens as a drying solution; Electric cooking ovens for household use; Gas fired water heaters; Thermal treatment furnaces; Gas fired combined furnaces for use in the production of steel; Gas fired combined hearth-type and shaft furnaces for use steel production; Gas fired space heating apparatus; Industrial ovens utilizing air frequency fields for drying purposes; Furnaces for industrial use; Industrial drying installations; Infrared emitter radiation units for drying adhesives for use in automated manufacturing process in the nature of thermal spot curing systems for industrial use; Industrial installations for airing; Industrial drying installations, namely, forage drying apparatus; Industrial apparatus for drying; Industrial installations for airing, namely, ventilating fans for industrial purposes; Industrial gas operated devices used in drying; Industrial apparatus for drying, namely, forage drying apparatus; Infrared heating panels; Industrial gas operated devices using air for drying components in the electronics, semiconductor, circuit board, pharmaceutical, medical, and food and beverage industries; Infrared radiators; Infrared heating panels used for indoor heating purposes for industrial use; Infrared radiators for industrial use; Incinerators; Heat generating apparatus, namely, heat generators; Steam heating apparatus for industrial or commercial purposes; Burners for industrial use; Burners, namely, gas burners, Oxyhydrogen burners; Oil and gas burners for industrial use; Industrial electric heat-treating furnaces; Gas operated apparatus for heating for industrial purposes; Gas fired furnaces for industrial purposes; Gas operated apparatus for heating water for industrial purposes; Gas pre-heating apparatus for industrial use; Gas fired heating installations; Gas pre-heating apparatus in the nature of igniters for industrial use; Industrial heating apparatus for industrial use; Industrial heating installations; Industrial heating apparatus for industrial use in the nature of heating furnaces; Industrial water heaters; Microwave ovens for cooking; Gas fired infrared burners, boilers and heaters; Microwave ovens for industrial purposes; Gas fired infrared burners for industrial use, boilers and heaters; Heating apparatus for industrial drying; Heating units for industrial purposes; Heating apparatus for industrial drying of coatings and lacquers; Electrically operated apparatus used in drying; Electric food dehydrators; Industrial or commercial drying ovens; Electrically operated apparatus used in drying fodder and forage; Air dryers; Portable electric warm air dryers; Industrial drying installations; Industrial air drying installations for electronics; Drying apparatus and installations; Drying apparatus and installations for laundry; Industrial furnaces; Gas burners for industrial purposes; Industrial cooking ovens; Industrial cooking installations; Industrial cooking installations in the nature of ovens; Industrial heating furnaces; Heating installations for industrial use; Heating installations for use with gaseous fuels; Gas fire radiants; Gas fire radiants, namely, indoor gas radiant heating systems; Radiant fan heaters; Electric radiant heaters for household purposes and parts therefor, namely, fans; Gas fired combined furnaces for use in the production of steel; Electric radiant heaters for household purposes; Gas fired combined hearth-type and shaft furnaces for use steel production; Gas space heaters; Eectric radiant heaters for household purposes; Hot water heaters; Radiant heaters; Electric cooking ovens; Gas fired space heating apparatus; Hot water heating installations; Infrared lamps for industrial use; Industrial air drying apparatus for electronics; Industrial and commercial infrared air drying installations for metal drying purposes; Industrial and commercial infrared air drying apparatus for metal drying purposes in industrial use; Infrared lamps, not for medical purposes; Infrared Furnaces for industrial use; Air drying apparatus to use in industry; Infrared drying installations for industrial or commercial purposes; Infrared Air drying apparatus for industrial or commercial purposes; Infrared FurnacesClass 011 for Industrial cooking ovens; Industrial ovens for industrial use; Industrial curing oven for paper industries; Industrial curing oven for metal industries; Gas generating furnaces for industrial use; Industrial curing ovens, not for food or beverages; furnaces not for food or beverages; Heating apparatus for furnaces, namely, furnace boilers; Shaped fittings for ovens, namely. spark igniters for gas ovens; Curing ovens for use in the paper, board, metal and food industries; Curing ovens as a drying solution; Electric cooking ovens for household use; Gas fired water heaters; Thermal treatment furnaces; Gas fired combined furnaces for use in the production of steel; Gas fired combined hearth-type and shaft furnaces for use steel production; Gas fired space heating apparatus; Furnaces for industrial use; Infrared emitter radiation units for drying adhesives for use in automated manufacturing process in the nature of thermal spot curing systems for industrial use; Industrial drying installations, namely, forage drying apparatus; Industrial installations for airing, namely, ventilating fans for industrial purposes; Industrial apparatus for drying, namely, forage drying apparatus; Industrial gas operated devices using air for drying components in the electronics, semiconductor, circuit board, pharmaceutical, medical, and food and beverage industries; Infrared heating panels used for indoor heating purposes for industrial use; Infrared radiators for industrial use; Incinerators; Heat generating apparatus, namely, heat generators; Steam heating apparatus for industrial or commercial purposes; Burners, namely, gas burners, Oxyhydrogen burners; Oil and gas burners for industrial use; Industrial electric heat-treating furnaces; Gas fired furnaces for industrial purposes; Gas operated apparatus for heating water for industrial purposes; Gas fired heating installations; Gas pre-heating apparatus in the nature of igniters for industrial use; Industrial heating installations; Industrial heating apparatus for industrial use in the nature of heating furnaces; Industrial water heaters; Microwave ovens for cooking; Microwave ovens for industrial purposes; Gas fired infrared burners for industrial use, boilers and heaters; Heating units for industrial purposes; Heating apparatus for industrial drying of coatings and lacquers; Electric food dehydrators; Electrically operated apparatus used in drying fodder and forage; Portable electric warm air dryers; Industrial air drying installations for electronics; Drying apparatus and installations for laundry; Industrial furnaces; Gas burners for industrial purposes; Industrial cooking ovens; Industrial cooking installations in the nature of ovens; Industrial heating furnaces; Heating installations for industrial use; Heating installations for use with gaseous fuels; Gas fire radiants, namely, indoor gas radiant heating systems; Electric radiant heaters for household purposes and parts therefor, namely, fans; Electric radiant heaters for household purposes; Gas space heaters; Hot water heaters; Electric cooking ovens; Hot water heating installations; Infrared lamps for industrial use; Industrial air drying apparatus for electronics; Industrial and commercial infrared air drying installations for metal drying purposes; Industrial and commercial infrared air drying apparatus for metal drying purposes in industrial use; Infrared Furnaces for industrial use
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018016670 filed 01/29/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018016670 registered 05/23/2019 with a renewal date of __________ and an expiration date of 01/29/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-72668647-092506552_._EU_Certified_Copy_018016670_1_.pdf
Converted PDF file(s) ( 14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

The applicant's current attorney information: Michael J. Hynak. Michael J. Hynak of HYNAK & ASSOCIATES, PC, is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      US
The docket/reference number is 332.257.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is trademarks@hynak.com

The applicants proposed attorney information: Michael J. Hynak. Other appointed attorneys are Barbara A. Hynak. Michael J. Hynak of HYNAK & ASSOCIATES, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      United States
The docket/reference number is 332.257.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is docket@hynak.com

Michael J. Hynak 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 J. HYNAK. MICHAEL J. HYNAK of HYNAK & ASSOCIATES, PC, is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      US
The docket/reference number is 332.257.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is trademarks@hynak.com; mike@hynak.com

The applicants proposed correspondence information: Michael J. Hynak. Michael J. Hynak of HYNAK & ASSOCIATES, PC, is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      United States
The docket/reference number is 332.257.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is docket@hynak.com; mike@hynak.com

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

SIGNATURE(S)

Signature: /Michael J Hynak/      Date: 01/13/2020
Signatory's Name: Michael J. Hynak
Signatory's Position: Attorney of record
Signatory's Phone Number: 703-892-4989


Declaration Signature

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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. 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 J Hynak/      Date: 01/13/2020
Signatory's Name: Michael J. Hynak
Signatory's Position: US Attorney for Applicant
Signatory's Phone Number: 703-892-4989


Response Signature
Signature: /Michael J Hynak/     Date: 01/13/2020
Signatory's Name: Michael J. Hynak
Signatory's Position: US Attorney for Applicant

Signatory's Phone Number: 703-892-4989

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:    MICHAEL J. HYNAK
   HYNAK & ASSOCIATES, PC
   
   812 SOUTH COURTHOUSE RD
   ARLINGTON, Virginia 22204
Mailing Address:    Michael J. Hynak
   HYNAK & ASSOCIATES, PC
   812 SOUTH COURTHOUSE RD
   ARLINGTON, Virginia 22204
        
RAM Sale Number: 88286831
RAM Accounting Date: 01/13/2020
        
Serial Number: 88286831
Internet Transmission Date: Mon Jan 13 09:35:22 EST 2020
TEAS Stamp: USPTO/POA-XX.XX.XX.XX-202001130935225616
54-88286831-7002ea6315bdbb248d610f4bdecb
2c472a845270f4f043d862cc3df6ce15ff7fc5-C
C-35215043-20200113092506552750