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: MICROTEK(Standard Characters, see mark )
SERIAL NUMBER: 88301892

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: Fusion Optix, Inc., having an address of
      17 Wheeling Avenue
      Woburn, Massachusetts 01801
      United States
      Phone: 781-995-0805 x104
      Email: XXXX
Proposed: Fusion Optix, Inc., having an address of
      17 Wheeling Avenue
      Woburn, Massachusetts 01801
      United States
      781-995-0805 x104
      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 08/13/2019.

The applicant is filing extension number(s): 1


For International Class 011:
Current identification: Luminaires; LED light fixtures; LED lighting systems, comprised of LED modules, power supplies and wiring; lamps; LED light engines; LED modules; optical components used within light fixtures, namely, diffusing lenses, collimating lenses, light redirecting lenses, wavelength conversion optics and light directing guides

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 09/18/2019, and first used in commerce at least as early as 09/18/2019, 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) 2 pictures show the "Microtek" mark in use 1) on an outgoing box commercially shipped and 2) shown with the components shipped in the box (optical components used within light fixtures, namely, diffusing and light redirecting lenses)..
Specimen File1
Specimen File2


For International Class 017:
Current identification: Non-metal films and sheets, and profile extrusions having optical functionality, namely, diffusion, light redirection, beam control, collimation, brightness enhancement, wavelength conversion, waveguiding, lightguiding for use in lighting, display, and solar applications

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 09/18/2019, and first used in commerce at least as early as 09/18/2019, 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) 2 pictures show the "Microtek" mark in use 1) on an outgoing box commercially shipped and 2) shown with the components shipped in the box (profile extrusions with optical functionality for lighting)..
Specimen File1
Specimen File2

MISCELLANEOUS STATEMENTS
Please waive the revival petition fee due to delay caused by the COVID-19 outbreak.

Correspondence Information (current):
      TIMOTHY KELLY
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@fusionoptix.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tim.kelly@fusionoptix.com

The docket/reference number is Microtek SCM.
Correspondence Information (proposed):
      Fusion Optix, Inc.
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@fusionoptix.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tim.kelly@fusionoptix.com

The docket/reference number is Microtek SCM.

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 $250 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the total amount of $550 will be submitted.

Petition




Signature: /Timothy Kelly/ Date Signed: 06/23/2020
Signatory's Name: Timothy Kelly
Signatory's Position: Chief Intellectual Property Officer
Signatory's Phone: 781-995-0805
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: /Timothy Kelly/ Date Signed: 06/23/2020
Signatory's Name: Timothy Kelly
Signatory's Position: Chief Intellectual Property Officer
Signatory's Phone: 781-995-0805 ext. 104

Serial Number: 88301892
Internet Transmission Date: Tue Jun 23 16:39:05 ET 2020
TEAS Stamp: USPTO/PSE-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200623163905939582-88301892-
7105c3c181329502ee395f1175814631e38883df
205016b262558688b88f107b91-CC-39035356-2
0200623160804024912