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: ROYAL BLISS BREWING CO.(Standard Characters, see mark )
SERIAL NUMBER: 88327664

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: Virginia Griffin, having an address of
      18
      7532 Waterside Loop Rd
      Denver, North Carolina 28037
      United States
      Phone: 704-488-2403
      Email: XXXX
Proposed: Royal Bliss Brewing Co., LLC, having an address of
      7532 Royal Bliss Court
      Denver, North Carolina 28037
      United States
      704-488-2403
      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 09/03/2019.

The applicant is filing extension number(s): 1


For International Class 032:
Current identification: Brewed malt-based beers

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 02/08/2019, and first used in commerce at least as early as 03/26/2020, 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) Images of the mark as used on labels on cans of Applicant's malt-based beer, collars placed on kegs containing Applicant's malt-based beer, and on tap handles used to pour Applicant's malt-based beer in Applicant's tap room..
Specimen File1
Specimen File2
Specimen File3


For International Class 043:
Current identification: Taproom services featuring craft beer

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 02/08/2019, and first used in commerce at least as early as 03/26/2020, 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) Images of Applicant's mark on the exterior of Applicant's taproom which features craft beer, and of Applicant's mark on tap handles which pour craft beer in Applicant's taproom..
Specimen File1
Specimen File2

MISCELLANEOUS STATEMENTS
Any failure to timely file an extension or statement of use by Applicant was inadvertent and unintentional. The deadline occurred right in the height of Applicant scrambling to make finishing touches to open and the pandemic about to hit. The Nunc Pro Tunc assignment from Virginia Griffin to Royal Bliss Brewing Co., LLC, was recorded on 4/16/2020 (Reel/Frame 6917/0362).

Correspondence Information (current):
      Scott K Burger
      PRIMARY EMAIL FOR CORRESPONDENCE: skb@burgerlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): scott@ncbeerlawyer.com; trademarks@burgerlegal.com

The docket/reference number is 122.206.
Correspondence Information (proposed):
      Scott K Burger
      PRIMARY EMAIL FOR CORRESPONDENCE: skb@burgerlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): scott@ncbeerlawyer.com; trademarks@burgerlegal.com

The docket/reference number is 122.206.

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 $250 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

A fee payment in the total amount of $550 will be submitted.

Petition




Signature: /Scott K Burger/ Date Signed: 04/21/2020
Signatory's Name: Scott K Burger
Signatory's Position: Attorney of record
Signatory's Phone: 3367051016
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: /Scott K Burger/ Date Signed: 04/21/2020
Signatory's Name: Scott K burger
Signatory's Position: Attorney of record
Signatory's Phone: 3367051016

Serial Number: 88327664
Internet Transmission Date: Tue Apr 21 14:55:11 ET 2020
TEAS Stamp: USPTO/PSE-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200421145511820311-88327664-
7109a96239de50b27e12fd1351055fc91ed96c4a
1240a0a8819cd93d2a29cd2-CC-55103118-2020
0421145243421222