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. 88323544 SIMONS(Standard Characters, see http://uspto.report/TM/88323544/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:

Section 2(d) Refusal - Likelihood of Confusion: Registration of the applied-for mark continues to be refused on the grounds that there is a likelihood of confusion with the marks set forth in Registration Nos. 4638887 and 5025982. Applicant continues to disagree that there is a likelihood of confusion and continues to request that the refusal be withdrawn. The Examining Attorney has indicated that Applicant's previously made arguments will be addressed in full in a later Office action. Applicant will respond to the Examining Attorney's further arguments once made. Section 2(e)(4) - Surname Refusal: Applicant hereby provides a declaration in support of its claim of acquired distinctiveness.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: La Maison Simons Inc., a corporation of Canada, having an address of
      20, Côte de la Fabrique
      Québec QC, G1R3V9
      Canada

Proposed: La Maison Simons Inc., a corporation of Canada, having an address of
      20, Côte de la Fabrique
      Québec QC, G1R3V9
      Canada
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement
Although the home country registration has issued, the certificate of registration and the English translation thereof are not yet available. Applicant requests that prosecution be SUSPENDED pending the availability of these documents for submission to the US PTO.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

Correspondence Information (current):
      James R Menker
      PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 3000.0007.
Correspondence Information (proposed):
      James R Menker
      PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 3000.0007.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /jmenker/      Date: 06/28/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 9042472620


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: /jmenker/      Date: 06/28/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 9042472620


Response Signature
Signature: /jmenker/     Date: 06/28/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 9042472620

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:    James R Menker
   Holley & Menker, PA
   
   PO Box 331937
   Atlantic Beach, Florida 32233
Mailing Address:    James R Menker
   Holley & Menker, PA
   PO Box 331937
   Atlantic Beach, Florida 32233
        
RAM Sale Number: 88323544
RAM Accounting Date: 06/29/2020
        
Serial Number: 88323544
Internet Transmission Date: Sun Jun 28 09:59:12 ET 2020
TEAS Stamp: USPTO/POA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200628095912484587-88323544-7
101f19cbc7951456b142225e808583669d593966
8fa656c8284e9a14762f5ce71-CC-59106358-20
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