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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88294511 |
LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
DATE OF NOTICE OF ABANDONMENT |
02/24/2020 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88294511/mark.png |
LITERAL ELEMENT |
ST |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
PETITION |
PETITION STATEMENT |
Applicant 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 |
Notice of Allowance was received by applicant. |
STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Smoky Tony's LLC |
MAILING ADDRESS |
101 S. White Street |
CITY |
Wake Forest |
STATE |
North Carolina |
ZIP/POSTAL CODE |
27587 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Smoky Tony's LLC |
MAILING ADDRESS |
101 S. White Street |
CITY |
Wake Forest |
STATE |
North Carolina |
ZIP/POSTAL CODE |
27587 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE |
INTERNATIONAL CLASS |
014 |
CURRENT IDENTIFICATION |
Key chains |
GOODS OR SERVICES |
DELETE ENTIRE CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE |
INTERNATIONAL CLASS |
021 |
CURRENT IDENTIFICATION |
Cups; Insulating sleeve holder for beverage cups; Mugs |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
04/08/2020 |
FIRST USE IN COMMERCE DATE |
04/08/2020 |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN1-16222332114-20200420 141948168670_._Smoky_Tony
_s_Cup_Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\945\88294511\xml5\ PSE0002.JPG |
SPECIMEN DESCRIPTION |
screenshot of product offered for sale on website |
INTERNATIONAL CLASS |
025 |
CURRENT IDENTIFICATION |
Aprons; Hats; Shirts |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
04/08/2020 |
FIRST USE IN COMMERCE DATE |
04/08/2020 |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN2-16222332114-20200420 141948168670_._Smoky_Tony
_s_Shirt_Specimen_1.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\945\88294511\xml5\ PSE0003.JPG |
ORIGINAL PDF FILE |
SPN2-16222332114-20200420 141948168670_._Smoky_Tony
_s_Shirt_Specimen_2.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\945\88294511\xml5\ PSE0004.JPG |
SPECIMEN DESCRIPTION |
screenshot of product offered for sale on website |
INTERNATIONAL CLASS |
030 |
CURRENT IDENTIFICATION |
Barbecue dry rub; Barbeque sauce; Sauces for barbecued meat |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
04/09/2020 |
FIRST USE IN COMMERCE DATE |
04/09/2020 |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN3-16222332114-20200420 141948168670_._Smoky_Tony
_s_Rub_Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\945\88294511\xml5\ PSE0005.JPG |
ORIGINAL PDF FILE |
SPN3-16222332114-20200420 141948168670_._Smoky_Tony
_s_Sauce_Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\945\88294511\xml5\ PSE0006.JPG |
SPECIMEN DESCRIPTION |
pictures of products |
INTERNATIONAL CLASS |
043 |
CURRENT IDENTIFICATION |
Catering; Restaurant services; Take-out restaurant services |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
04/09/2020 |
FIRST USE IN COMMERCE DATE |
04/09/2020 |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN4-16222332114-20200420 141948168670_._Smoky_Tony
_s_Catering_Specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\945\88294511\xml5\ PSE0007.JPG |
SPECIMEN DESCRIPTION |
Screenshot of website where consumers can order |
EXTENSION OF TIME TO FILE A STATEMENT OF USE |
EXTENSION PERIOD(S) |
1 |
ALLOWANCE MAIL DATE |
07/23/2019 |
CORRESPONDENCE INFORMATION (current) |
NAME |
Lacey Chase |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ipmail@djplaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
lchase@djplaw.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Lacey Chase |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
ipmail@djplaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
lchase@djplaw.com |
DOCKET/REFERENCE NUMBER |
58309-1000US |
PAYMENT SECTION |
PETITION FEE |
100 |
NUMBER OF CLASSES IN USE |
4 |
EXTENSION FEE |
500 |
NUMBER OF CLASSES IN USE |
4 |
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] |
400 |
TOTAL AMOUNT |
1000 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Lacey Chase/ |
SIGNATORY'S NAME |
Lacey Chase |
SIGNATORY'S POSITION |
Attorney of Record, Utah Bar Member |
DATE SIGNED |
04/20/2020 |
SIGNATORY'S PHONE NUMBER |
8013756600 |
DECLARATION SIGNATURE |
/Lacey Chase/ |
SIGNATORY'S NAME |
Lacey Chase |
SIGNATORY'S POSITION |
Attorney of Record, Utah Bar Member |
DATE SIGNED |
04/20/2020 |
FILING INFORMATION |
SUBMIT DATE |
Mon Apr 20 14:59:14 ET 2020 |
TEAS STAMP |
USPTO/PSE-XXX.XXX.XX.XXX-
20200420145914941110-8829
4511-710417175739f2ec26ac
43e023a52d64f51796b2aee75
63a8eb07e7067def3c6-DA-59
149613-202004201419481686
70 |
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: ST (Stylized and/or with Design, see
mark )
SERIAL NUMBER: 88294511
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: Smoky Tony's LLC, having an address of
101 S. White Street
Wake Forest, North Carolina 27587
United States
Email: XXXX
Proposed: Smoky Tony's LLC, having an address of
101 S. White Street
Wake Forest, North Carolina 27587
United States
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): 1
For International Class 014:
Current identification: Key chains
This
allegation of use does
not cover this specific class. This
entire class is to be permanently
deleted from the application.
For International Class 021:
Current identification: Cups; Insulating sleeve holder for beverage cups; Mugs
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 04/08/2020, and first used in commerce at least as early as
04/08/2020, 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) screenshot of product offered for sale on website.
Original PDF file:
SPN1-16222332114-20200420 141948168670_._Smoky_Tony
_s_Cup_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 025:
Current identification: Aprons; Hats; Shirts
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 04/08/2020, and first used in commerce at least as early as
04/08/2020, 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) screenshot of product offered for sale on website.
Original PDF file:
SPN2-16222332114-20200420
141948168670_._Smoky_Tony _s_Shirt_Specimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-16222332114-20200420
141948168670_._Smoky_Tony _s_Shirt_Specimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 030:
Current identification: Barbecue dry rub; Barbeque sauce; Sauces for barbecued meat
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 04/09/2020, and first used in commerce at least as early as
04/09/2020, 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) pictures of products.
Original PDF file:
SPN3-16222332114-20200420 141948168670_._Smoky_Tony
_s_Rub_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN3-16222332114-20200420
141948168670_._Smoky_Tony _s_Sauce_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 043:
Current identification: Catering; Restaurant services; Take-out restaurant services
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 04/09/2020, and first used in commerce at least as early as
04/09/2020, 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) Screenshot of website where consumers can order.
Original PDF file:
SPN4-16222332114-20200420
141948168670_._Smoky_Tony _s_Catering_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Correspondence Information (current):
Lacey Chase
PRIMARY EMAIL FOR CORRESPONDENCE: ipmail@djplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lchase@djplaw.com
Correspondence Information (proposed):
Lacey Chase
PRIMARY EMAIL FOR CORRESPONDENCE: ipmail@djplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lchase@djplaw.com
The docket/reference number is 58309-1000US.
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 $500 will be submitted with the form, representing payment for the extension fee.
A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 classes.
A fee payment in the total amount of $1000 will be submitted.
Petition
Signature: /Lacey Chase/ Date Signed: 04/20/2020
Signatory's Name: Lacey Chase
Signatory's Position: Attorney of Record, Utah Bar Member
Signatory's Phone: 8013756600
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: /Lacey Chase/ Date Signed: 04/20/2020
Signatory's Name: Lacey Chase
Signatory's Position: Attorney of Record, Utah Bar Member
Serial Number: 88294511
Internet Transmission Date: Mon Apr 20 14:59:14 ET 2020
TEAS Stamp: USPTO/PSE-XXX.XXX.XX.XXX-202004201459149
41110-88294511-710417175739f2ec26ac43e02
3a52d64f51796b2aee7563a8eb07e7067def3c6-
DA-59149613-20200420141948168670