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. 88319565 F J. FLOWERS HEALTH INSTITUTE (Stylized and/or with Design, see http://uspto.report/TM/88319565/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:

The Examining Attorney has requested clarification on whether the name J. Flowers in the mark identifies a particular living individual. As the name in the mark does identify a particular living individual, applicant hereby submits a statement to read as follows: "The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record." Applicant also hereby submits written consent, personally signed by the named individual(s). The Examining Attorney has requested a disclaimer of the unregistrable part(s) of the applied-for mark even though the mark as a whole appears to be registrable. Applicant hereby submits a disclaimer to read as follows: "No claim is made to the exclusive right to use "HEALTH INSTITUTE" apart from the mark as shown." The Examining Attorney has requested clarification on the identification of services and amendment of the identification to specify the common commercial or generic name of the services. Applicant hereby submits an amendment of the description of its services in International Class 44 to read as follows: "Healthcare services, namely, medical diagnostic assessment and testing and health treatment for chronic pain; and health care after care plans, namely, developing medical treatment plans for chronic pain." This amended identification of services clarifies the nature of the services. Applicant also hereby withdraws the healthcare concierge services in International Class 035 from the application. Due to the withdrawal of the services in International Class 035, the multiple-class application requirements no longer need to be met. The Examining Attorney has requested an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark since it does not describe the design element in sufficient detail. Applicant hereby submits a new description of the mark to read as follows: "The mark consists of a stylized letter "F" in a rectangular frame with a curved bottom and the words "J. FLOWERS HEALTH INSTITUTE"." For the foregoing reasons, Applicant requests that the Examining Attorney withdraw its objections and that Applicant's mark proceed to publication.

EVIDENCE
Evidence in the nature of Written consent, personally signed by the named individual(s), as the name in the mark does identify a particular living individual has been attached.
Original PDF file:
evi_1001112313-20191217151130645092_._J.Floweres_Health_Institute_Doc_-_Dec_13_2019_-_10-42_AM.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Healthcare services, namely, providing health care concierge services, health diagnostic assessment and testing, health treatments and health care after care plans
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/21/2019 and first used in commerce at least as early as 01/21/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Healthcare services, namely, providing health care concierge services, health diagnostic assessment and testing, health treatments and health care after care plans; Healthcare services, namely, medical diagnostic assessment and testing and health treatment for chronic pain; and health care after care plans, namely, developing medical treatment plans for chronic painClass 044 for Healthcare services, namely, medical diagnostic assessment and testing and health treatment for chronic pain; and health care after care plans, namely, developing medical treatment plans for chronic pain
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/21/2019 and first used in commerce at least as early as 01/21/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 044 . The specimen(s) submitted consists of Website screen shot showing use of the mark in connection with the identified services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-1001112313-20191217151130645092_._screencapture-jflowershealth-2019-02-12-13_22_55.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Sharon L. Toerek. Sharon L. Toerek of TOEREK LAW, is located at

      737 BOLIVAR ROAD, SUITE 110
      CLEVELAND, Ohio 44115
      US

The phone number is 800-572-1155.

The email address is sharon@legalandcreative.com

The applicants proposed attorney information: Sharon L. Toerek. Sharon L. Toerek of TOEREK LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      737 BOLIVAR ROAD, SUITE 110
      CLEVELAND, Ohio 44115
      United States

The phone number is 800-572-1155.

The email address is sharon@legalandcreative.com

Sharon L. Toerek 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: SHARON L. TOEREK. SHARON L. TOEREK of TOEREK LAW, is located at

      737 BOLIVAR ROAD, SUITE 110
      CLEVELAND, Ohio 44115
      US

The phone number is 800-572-1155.

The email address is sharon@legalandcreative.com; trademark@legalandcreative.com

The applicants proposed correspondence information: Sharon L. Toerek. Sharon L. Toerek of TOEREK LAW, is located at

      737 BOLIVAR ROAD, SUITE 110
      CLEVELAND, Ohio 44115
      United States

The phone number is 800-572-1155.

The email address is sharon@legalandcreative.com; trademark@legalandcreative.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use HEALTH INSTITUTE apart from the mark as shown.


Description of mark
The mark consists of a stylized letter "F" in a rectangular frame with a curved bottom and the words "J. FLOWERS HEALTH INSTITUTE".

Miscellaneous Statement
As the name in the mark does identify a particular living individual, applicant hereby submits a statement to read as follows: "The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record." Applicant also hereby submits written consent, personally signed by the named individual(s).


FEE(S)
Fee(s) in the amount of $375 is being submitted.

SIGNATURE(S)

Signature: /Sharon L. Toerek/      Date: 01/15/2020
Signatory's Name: Sharon L. Toerek
Signatory's Position: Attorney of Record, Ohio bar member
Signatory's Phone Number: 800-572-1155


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: /Sharon L. Toerek/      Date: 01/15/2020
Signatory's Name: Sharon L. Toerek
Signatory's Position: Attorney of Record, Ohio bar member
Signatory's Phone Number: 800-572-1155


Response Signature
Signature: /Sharon L. Toerek/     Date: 01/15/2020
Signatory's Name: Sharon L. Toerek
Signatory's Position: Attorney of Record, Ohio bar member

Signatory's Phone Number: 800-572-1155

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:    SHARON L. TOEREK
   TOEREK LAW
   
   737 BOLIVAR ROAD, SUITE 110
   CLEVELAND, Ohio 44115
Mailing Address:    Sharon L. Toerek
   TOEREK LAW
   737 BOLIVAR ROAD, SUITE 110
   CLEVELAND, Ohio 44115
        
RAM Sale Number: 88319565
RAM Accounting Date: 01/15/2020
        
Serial Number: 88319565
Internet Transmission Date: Wed Jan 15 13:11:46 EST 2020
TEAS Stamp: USPTO/POA-XXX.XX.XXX.XX-2020011513114644
8885-88319565-700bd76a6aa7de1d2bb117d688
52ec93e99d3ea7a10d167fb2a538b6891add845-
CC-11455049-20200115130736114040