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. 88337865 SLIDE(Standard Characters, see http://uspto.report/TM/88337865/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:

Please refer to the arguments attached hereto as an "evidence" attachment.

EVIDENCE
Evidence in the nature of Arguments in response to Office Action of 2019-05-23. has been attached.
Original PDF file:
evi_6518313133-20191224104358200097_._ARGUMENTS-in-Response-to-MAY-2019-OA.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, electronic cigarettes; battery charge devices; charging appliances for rechargeable equipment
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: Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, electronic cigarettes; Batteries and chargers for electronic cigarettes that can also serve as protective cases, carrying cases, and holders for electronic cigarettes; battery charge devices; charging appliances for rechargeable equipment; Carrying cases for electronic cigarettes, protective cases for electronic cigarettes, and holders for electronic cigarettes, all featuring power supply connector adaptors, and battery charging devicesClass 009 for Batteries and chargers for electronic cigarettes that can also serve as protective cases, carrying cases, and holders for electronic cigarettes; battery charge devices; charging appliances for rechargeable equipment; Carrying cases for electronic cigarettes, protective cases for electronic cigarettes, and holders for electronic cigarettes, all featuring power supply connector adaptors, and battery charging devices
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: Micah T. Drayton. Micah T. Drayton of CALDWELL INTELLECTUAL PROPERTY LAW, LLC, is located at

      100 HIGH STREET, SUITE 1105
      BOSTON, Massachusetts 02110
      US
The docket/reference number is 1063-001UST1.

The phone number is 617-680-1556.

The email address is win@caldwellip.com

The applicants proposed attorney information: Micah T. Drayton. Other appointed attorneys are Milton M. Oliver. Micah T. Drayton of CALDWELL INTELLECTUAL PROPERTY LAW, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      DEPT. 1063
      100 HIGH STREET, SUITE 1105
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 1063-001UST1.

The phone number is 617-680-1556.

The email address is win@caldwellip.com

Micah T. Drayton 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: MICAH T. DRAYTON. MICAH T. DRAYTON of CALDWELL INTELLECTUAL PROPERTY LAW, LLC, is located at

      100 HIGH STREET, SUITE 1105
      BOSTON, Massachusetts 02110
      US
The docket/reference number is 1063-001UST1.

The phone number is 617-680-1556.

The email address is win@caldwellip.com; mdrayton@caldwellip.com

The applicants proposed correspondence information: Micah T. Drayton. Micah T. Drayton of CALDWELL INTELLECTUAL PROPERTY LAW, LLC, is located at

      100 HIGH STREET, SUITE 1105
      BOSTON, Massachusetts 02110
      United States
The docket/reference number is 1063-001UST1.

The phone number is 617-680-1556.

The email address is win@caldwellip.com; milton@caldwellip.com

FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)

Signature: /Micah T. Drayton/      Date: 12/24/2019
Signatory's Name: Micah T. Drayton
Signatory's Position: Attorney for Applicant [MA bar]
Signatory's Phone Number: 617-680-1556


Response Signature
Signature: /Micah T. Drayton/     Date: 12/24/2019
Signatory's Name: Micah T. Drayton
Signatory's Position: Attorney for Applicant [MA bar]

Signatory's Phone Number: 617-680-1556

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:    MICAH T. DRAYTON
   CALDWELL INTELLECTUAL PROPERTY LAW, LLC
   
   100 HIGH STREET, SUITE 1105
   BOSTON, Massachusetts 02110
Mailing Address:    Micah T. Drayton
   CALDWELL INTELLECTUAL PROPERTY LAW, LLC
   100 HIGH STREET, SUITE 1105
   BOSTON, Massachusetts 02110
        
RAM Sale Number: 88337865
RAM Accounting Date: 12/26/2019
        
Serial Number: 88337865
Internet Transmission Date: Tue Dec 24 11:30:31 EST 2019
TEAS Stamp: USPTO/POA-XXX.XX.XX.XXX-2019122411303102
1546-88337865-70041726bc0ab2443f4e280c5d
7c21c46f3e3af2fcbdb91ea68cce2eeece59343-
CC-30296419-20191224104358200097