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. 88322439 BOAST (Stylized and/or with Design, see http://uspto.report/TM/88322439/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 32509.47.

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 32509.47.

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 32509.47.

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 32509.47.

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: 2033580800

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: 88322439
RAM Accounting Date: 02/10/2020
        
Serial Number: 88322439
Internet Transmission Date: Mon Feb 10 17:05:48 EST 2020
TEAS Stamp: USPTO/POA-XX.XX.XXX.XX-20200210170548348
520-88322439-700293da576c91a47c15b3b12a7
cb995b563116e42243e58cac7f5edf31b6ebaba8
-CC-05451370-20200210163046424804