TEAS Petition to Revive SOU

PTO Form 2195 (Rev 09/2004)

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

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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: ELATE(Standard Characters, see mark )
SERIAL NUMBER: 88292385

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 TO FILE STATEMENT OF USE
The owner proposes to amend the following:
Current: SNACK MAGIC BRANDS, INC., having an address of
      907 BURLINGAME AVENUE, NO. 9
      BURLINGAME, California 94010
      United States
      Phone: 513-273-7989
      Email: XXXX
Proposed: SNACK MAGIC BRANDS, INC., having an address of
      907 BURLINGAME AVENUE, NO. 9
      BURLINGAME, California 94010
      United States
      513-273-7989
      Email: XXXX
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 07/23/2019.

The applicant is filing extension number(s): 1


For International Class 030:
Current identification: Chocolate bars; Chocolate based ingredient for use in confections, snack and energy bars, frozen desserts, baked desserts, cookies, and energy protein drinks; Chocolate confections; Chocolate for confectionery and bread; Chocolate-based beverages; Chocolate-based meal replacement bars; Snack foods, namely, chocolate-based snack foods

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


The owner's/holder's current attorney information: Theodore P. Cummings. Theodore P. Cummings of CUMMINGS LAW, LLP, is located at

      707 E. MCMILLAN AVENUE
      CINCINNATI, Ohio 45206
      United States
The docket/reference number is SMB-001019.

The phone number is 513-273-7989.

The email address is ATTORNEY@CUMMINGSLAW.NET

The owner's/holder's proposed attorney information: Theodore P. Cummings. Theodore P. Cummings of CUMMINGS LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      707 E. MCMILLAN AVENUE
      CINCINNATI, Ohio 45206
      United States
The docket/reference number is SMB-001019.

The phone number is 513-273-7989.

The email address is ATTORNEY@CUMMINGSLAW.NET

Theodore P. Cummings 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):
      THEODORE P. CUMMINGS
      PRIMARY EMAIL FOR CORRESPONDENCE: ATTORNEY@CUMMINGSLAW.NET
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Theodore P. Cummings
      PRIMARY EMAIL FOR CORRESPONDENCE: ATTORNEY@CUMMINGSLAW.NET
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is SMB-001019.

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 total amount of $225 will be submitted.

Petition




Signature: /THEODORE P. CUMMINGS/ Date Signed: 04/27/2020
Signatory's Name: THEODORE P. CUMMINGS
Signatory's Position: ATTORNEY OF RECORD
Signatory's Phone: 513-273-7989
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: /THEODORE P. CUMMINGS/ Date Signed: 04/27/2020
Signatory's Name: THEODORE P. CUMMINGS
Signatory's Position: ATTORNEY OF RECORD
Signatory's Phone: 513-273-7989

Mailing Address:
   CUMMINGS LAW, LLP
   
   707 E. MCMILLAN AVENUE
   CINCINNATI, Ohio 45206

Mailing Address:
   CUMMINGS LAW
   
   707 E. MCMILLAN AVENUE
   CINCINNATI, Ohio 45206

Serial Number: 88292385
Internet Transmission Date: Mon Apr 27 16:52:53 ET 2020
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XX-2020042716525385
3151-88292385-71045f6196ca458cda1d7ba399
2cd349654ec1d2514a80bba8cd23c64786aacb3-
CC-52524599-20200427164241394701