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: CATER GATOR DASH (Stylized and/or with Design, see mark )
SERIAL NUMBER: 88324081

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: Clark Associates, Inc., having an address of
      2205 Old Philadelphia Pike
      Lancaster, Pennsylvania 17602
      United States
Proposed: Clark Associates, Inc., having an address of
      2205 Old Philadelphia Pike
      Lancaster, Pennsylvania 17602
      United States
      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 08/27/2019.

The applicant is filing extension number(s): 1


For International Class 021:
Current identification: Insulated carriers for food and beverages

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 11/01/2019, and first used in commerce at least as early as 01/01/2020, 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) screenshot of Applicant's website/electronic point of sale display.

Original PDF file:
SPN0-389824798-2020040215 3521691955_._CAI2-TM018_S pecimen.PDF
Converted PDF file(s) (1 page)
Specimen File1


The owner's/holder's current attorney information: Dionne Heard. Dionne Heard, is located at

      2205 OLD PHILADELPHIA PIKE
      LANCASTER, Pennsylvania 17602
      United States

The phone number is 717-392-7974.

The email address is dheard@clarkinc.biz

The owner's/holder's proposed attorney information: Dionne Heard. Other appointed attorneys are Michael F. Snyder, Michael J. Berkowitz, Laura S. Lipschutz, Carey Kulp. Dionne Heard of VOLPE AND KOENIG, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1800
      30 South 17th Street
      Philadelphia, Pennsylvania 17602
      United States
The docket/reference number is CAI2-TM018.

The phone number is 215-568-6400.

The fax number is 215-568-6499.

The email address is Trademarks@vklaw.com

Dionne Heard 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.Correspondence Information (current):
      DIONNE HEARD
      PRIMARY EMAIL FOR CORRESPONDENCE: dheard@clarkinc.biz
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Dionne Heard
      PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@vklaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JOMalley@vklaw.com; CBystrycki@vklaw.com

The docket/reference number is CAI2-TM018.

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 $125 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the total amount of $325 will be submitted.

Petition




Signature: /John J. O'Malley/ Date Signed: 04/03/2020
Signatory's Name: John J. O'Malley
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone: 215-568-6400
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: /John J. O'Malley/ Date Signed: 04/03/2020
Signatory's Name: John J. O'Malley
Signatory's Position: Attorney of Record, PA Bar Member
Signatory's Phone: 215-568-6400

Mailing Address:
   
   
   2205 OLD PHILADELPHIA PIKE
   LANCASTER, Pennsylvania 17602

Mailing Address:
   VOLPE AND KOENIG, P.C.
   Suite 1800
   30 South 17th Street
   Philadelphia, Pennsylvania 17602

Serial Number: 88324081
Internet Transmission Date: Fri Apr 03 12:58:07 ET 2020
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XX-20200403125807035
570-88324081-710fa52c94c1abbd736c54962e3
b4be06b8faa8bb4e07d7839d4e131dd4eae122f-
CC-58054126-20200402173313573416