Statement of Use

SOUFFLÉ

Sheehan, Trevor

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

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 1553 (Rev 12/2015)
OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88326827
LAW OFFICE ASSIGNED LAW OFFICE 121
MARK SECTION
MARK mark
LITERAL ELEMENT SOUFFLÉ
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.
OWNER SECTION (current)
NAME Sheehan, Trevor
MAILING ADDRESS 15 Marsala Way
CITY Napa
STATE California
ZIP/POSTAL CODE 94558
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
OWNER SECTION (proposed)
NAME Sheehan, Trevor
MAILING ADDRESS 15 Marsala Way
CITY Napa
STATE California
ZIP/POSTAL CODE 94558
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL XXXX
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 033
CURRENT IDENTIFICATION Alcoholic beverages, except beer; Sparkling wines; Wine
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 02/26/2020
FIRST USE IN COMMERCE DATE 02/26/2020
SPECIMEN FILE NAME(S) \\TICRS\EXPORT18\IMAGEOUT 18\883\268\88326827\xml3 \ SOU0002.JPG
SPECIMEN DESCRIPTION a photographic image of and actual bottle of sparkling wine having thereon a label bearing the Mark as used in commerce.
PAYMENT SECTION
NUMBER OF CLASSES IN USE 1
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 100
TOTAL AMOUNT 325
SIGNATURE SECTION
/Gerald L. Robertson/
SIGNATORY'S NAME Gerald L. Robertson
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 03/15/2020
SIGNATORY'S PHONE NUMBER 707-226-2616
DECLARATION SIGNATURE /Gerald L. Robertson/
SIGNATORY'S NAME Gerald L. Robertson
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 03/15/2020
SIGNATORY'S PHONE NUMBER 707-226-2616
FILING INFORMATION
SUBMIT DATE Sun Mar 15 17:08:45 ET 2020
TEAS STAMP USPTO/PSE-XX.XXX.XXX.XXX-
20200315170845213672-8832
6827-7105a945775f37f97ebc
6c5a4e9f4ad4a93fad84223d2
5f7e5c104fcf97c48065-CC-0
8431440-20200315165109427
421



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 1553 (Rev 12/2015)
OMB No. 0651-0054 (Exp 10/31/2017)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:
MARK: SOUFFLÉ(Standard Characters, see http://uspto.report/TM/88326827/mark.png)
SERIAL NUMBER: 88326827


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Sheehan, Trevor, having an address of
      15 Marsala Way
      Napa, California 94558
      United States
Proposed: Sheehan, Trevor, having an address of
      15 Marsala Way
      Napa, California 94558
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 033:
Current identification: Alcoholic beverages, except beer; Sparkling wines; Wine

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or 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 02/26/2020, and first used in commerce at least as early as 02/26/2020, 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) a photographic image of and actual bottle of sparkling wine having thereon a label bearing the Mark as used in commerce..
Specimen File1



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.


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 continued bona fide intention to exercise legitimate control over the use of the mark in commerce 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 continued bona fide intention to exercise legitimate control over the use of the mark in commerce 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.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: /Gerald L. Robertson/      Date Signed: 03/15/2020
Signatory's Name: Gerald L. Robertson
Signatory's Position: Attorney of record
Signatory's Phone: 707-226-2616

RAM Sale Number: 88326827
RAM Accounting Date: 03/16/2020

Serial Number: 88326827
Internet Transmission Date: Sun Mar 15 17:08:45 ET 2020
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-202003151708452
13672-88326827-7105a945775f37f97ebc6c5a4
e9f4ad4a93fad84223d25f7e5c104fcf97c48065
-CC-08431440-20200315165109427421



Statement of Use [image/jpeg]

Statement of Use [image/jpeg]


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