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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88322431 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
DATE OF NOTICE OF ABANDONMENT |
12/11/2019 |
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 |
MARK SECTION |
MARK |
http://uspto.report/TM/88322431/mark.png |
LITERAL ELEMENT |
BOAST |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Applicant hereby responds to the office action that was issued on May 29, 2019. Cited pending application, Ser. No. 87951553 was abandoned on
June 18, 2019 and therefore should not block registration for Applicant's applied-for mark. Applicant hereby further amends its goods in class 03 to include non-medicated face and body soaps as
amended in the response form itself. Since Applicant is not adding an additional class, no additional payment is necessary. Due to Applicant's response herein, Applicant respectfully requests that
its applied-for mark be published for opposition. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
Personal care products, namely, body creams, body lotions, body butters, body gels; face and body soaps; cosmetics; lip balm;
perfumes and perfume oils, eau de toilette, cologne; Sun-tanning preparations; Sun block preparations |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
Personal care products, namely, body creams, body lotions, body butters, body gels; face and body soaps; non-medicated face and body soaps; cosmetics; lip balm;
perfumes and perfume oils, eau de toilette, cologne; Sun-tanning preparations; Sun block preparations |
FINAL DESCRIPTION |
Personal care products, namely, body creams, body lotions, body butters, body gels; non-medicated face and body soaps; cosmetics;
lip balm; perfumes and perfume oils, eau de toilette, cologne; Sun-tanning preparations; Sun block preparations |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Christina L. Winsor |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP |
STREET |
ONE ATLANTIC STREET, 8TH FLOOR |
CITY |
STAMFORD |
STATE |
Connecticut |
POSTAL CODE |
06901 |
COUNTRY |
US |
PHONE |
203-358-0800 x3313 |
EMAIL |
cwinsor@dmoc.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32509.46 |
ATTORNEY SECTION (proposed) |
NAME |
Christina L. Winsor |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP |
STREET |
ONE ATLANTIC STREET, 8TH FLOOR |
CITY |
STAMFORD |
STATE |
Connecticut |
POSTAL CODE |
06901 |
COUNTRY |
United States |
PHONE |
203-358-0800 x3313 |
EMAIL |
cwinsor@dmoc.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32509.46 |
CORRESPONDENCE SECTION (current) |
NAME |
CHRISTINA L. WINSOR |
FIRM NAME |
DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP |
STREET |
ONE ATLANTIC STREET, 8TH FLOOR |
CITY |
STAMFORD |
STATE |
Connecticut |
POSTAL CODE |
06901 |
COUNTRY |
US |
PHONE |
203-358-0800 x3313 |
EMAIL |
cwinsor@dmoc.com; docket@dmoc.com; smaldonado@dmoc.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32509.46 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Christina L. Winsor |
FIRM NAME |
DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP |
STREET |
ONE ATLANTIC STREET, 8TH FLOOR |
CITY |
STAMFORD |
STATE |
Connecticut |
POSTAL CODE |
06901 |
COUNTRY |
United States |
PHONE |
203-358-0800 x3313 |
EMAIL |
cwinsor@dmoc.com; docket@dmoc.com; smaldonado@dmoc.com; apyatt@dmoc.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32509.46 |
PAYMENT SECTION |
TOTAL AMOUNT |
100 |
TOTAL FEES DUE |
100 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Christina L. Winsor/ |
SIGNATORY'S NAME |
Christina L. Winsor |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
203-358-0800 |
DATE SIGNED |
02/10/2020 |
RESPONSE SIGNATURE |
/Christina L. Winsor/ |
SIGNATORY'S NAME |
Christina L. Winsor |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
203-358-0800 |
DATE SIGNED |
02/10/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 10 17:06:24 EST 2020 |
TEAS STAMP |
USPTO/POA-XX.XX.XXX.XX-20
200210170624461436-883224
31-70020e522becb282a3f6b9
7bf875d68270a1415216deb93
9ee85ae4ec64e732d20-CC-06
221386-202002101643149077
58 |
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.
88322431 BOAST(Standard Characters, see http://uspto.report/TM/88322431/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:
Applicant hereby responds to the office action that was issued on May 29, 2019. Cited pending application, Ser. No. 87951553 was abandoned on June 18, 2019 and therefore should not block registration
for Applicant's applied-for mark. Applicant hereby further amends its goods in class 03 to include non-medicated face and body soaps as amended in the response form itself. Since Applicant is not
adding an additional class, no additional payment is necessary. Due to Applicant's response herein, Applicant respectfully requests that its applied-for mark be published for opposition.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Personal care products, namely, body creams, body lotions, body butters, body gels; face and body soaps; cosmetics; lip balm; perfumes and perfume oils, eau de toilette,
cologne; Sun-tanning preparations; Sun block preparations
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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.
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, 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.
Proposed:
Tracked Text Description: Personal care products, namely, body creams, body lotions, body butters, body gels;
face and body
soaps;
non-medicated face and body soaps;
cosmetics;
lip balm;
perfumes and
perfume oils, eau de toilette, cologne;
Sun-tanning preparations;
Sun block preparationsClass 003 for Personal care products, namely, body
creams, body lotions, body butters, body gels; non-medicated face and body soaps; cosmetics; lip balm; perfumes and perfume oils, eau de toilette, cologne; Sun-tanning preparations; Sun block
preparations
Filing Basis: Section 1(b), Intent to Use: 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 in the 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.
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, 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.
The applicant's current attorney information: Christina L. Winsor. Christina L. Winsor of DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP, is located at
ONE ATLANTIC STREET, 8TH FLOOR
STAMFORD, Connecticut 06901
US
The docket/reference number is 32509.46.
The phone number is 203-358-0800 x3313.
The email address is cwinsor@dmoc.com
The applicants proposed attorney information: Christina L. Winsor. Christina L. Winsor of DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP, is a member of the XX bar, admitted to the bar in XXXX,
bar membership no. XXX, is located at
ONE ATLANTIC STREET, 8TH FLOOR
STAMFORD, Connecticut 06901
United States
The docket/reference number is 32509.46.
The phone number is 203-358-0800 x3313.
The email address is cwinsor@dmoc.com
Christina L. Winsor 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: CHRISTINA L. WINSOR. CHRISTINA L. WINSOR of DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP, is located at
ONE ATLANTIC STREET, 8TH FLOOR
STAMFORD, Connecticut 06901
US
The docket/reference number is 32509.46.
The phone number is 203-358-0800 x3313.
The email address is cwinsor@dmoc.com; docket@dmoc.com; smaldonado@dmoc.com
The applicants proposed correspondence information: Christina L. Winsor. Christina L. Winsor of DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP, is located at
ONE ATLANTIC STREET, 8TH FLOOR
STAMFORD, Connecticut 06901
United States
The docket/reference number is 32509.46.
The phone number is 203-358-0800 x3313.
The email address is cwinsor@dmoc.com; docket@dmoc.com; smaldonado@dmoc.com; apyatt@dmoc.com
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Signature: /Christina L. Winsor/ Date: 02/10/2020
Signatory's Name: Christina L. Winsor
Signatory's Position: Attorney of Record
Signatory's Phone Number: 203-358-0800
Response Signature
Signature: /Christina L. Winsor/ Date: 02/10/2020
Signatory's Name: Christina L. Winsor
Signatory's Position: Attorney of Record
Signatory's Phone Number: 203-358-0800
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: CHRISTINA L. WINSOR
DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP
ONE ATLANTIC STREET, 8TH FLOOR
STAMFORD, Connecticut 06901
Mailing Address: Christina L. Winsor
DISERIO MARTIN O'CONNOR & CASTIGLIONI LLP
ONE ATLANTIC STREET, 8TH FLOOR
STAMFORD, Connecticut 06901
RAM Sale Number: 88322431
RAM Accounting Date: 02/10/2020
Serial Number: 88322431
Internet Transmission Date: Mon Feb 10 17:06:24 EST 2020
TEAS Stamp: USPTO/POA-XX.XX.XXX.XX-20200210170624461
436-88322431-70020e522becb282a3f6b97bf87
5d68270a1415216deb939ee85ae4ec64e732d20-
CC-06221386-20200210164314907758