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. 88346081 A (Stylized and/or with Design, see http://uspto.report/TM/88346081/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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Metal cored wire, welding wire for use in the oil and gas industries, hardband application services, and metal grinding and removal equipment and systems
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: Metal cored wire, welding wire for use in the oil and gas industries, hardband application services, and metal grinding and removal equipment and systems; Metal cored wire, namely, welding wire for use in the oil and gas industriesClass 006 for Metal cored wire, namely, welding wire for use in the oil and gas industries
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Applying or re-applying hardbanding materials on oil and gas tubulars, grinding and removal of handbanding materials from oil and gas tubulars
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: John A. Tang. John A. Tang of CLARK HILL PLC, is located at

      SUITE 2300
      909 FANNIN STREET
      HOUSTON, Texas 77010
      US
The docket/reference number is A5996.347124.

The phone number is 713-951-5600.

The fax number is 713-951-5660.

The email address is ipdocketing@clarkhillstrasburger.com

The applicants proposed attorney information: John A. Tang. John A. Tang of CLARK HILL PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2300
      909 FANNIN STREET
      HOUSTON, Texas 77010
      United States
The docket/reference number is A5996.347124.

The phone number is 713-951-5600.

The fax number is 713-951-5660.

The email address is ipdocket@clarkhill.com

John A. Tang 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: JOHN A. TANG. JOHN A. TANG of CLARK HILL PLC, is located at

      SUITE 2300
      909 FANNIN STREET
      HOUSTON, Texas 77010
      US
The docket/reference number is A5996.347124.

The phone number is 713-951-5600.

The fax number is 713-951-5660.

The email address is ipdocketing@clarkhillstrasburger.com; john.tang@clarkhillstrasburger.com; lisa.anguiano@clarkhillstrasburger.com; ipdocket@clarkhill.com

The applicants proposed correspondence information: John A. Tang. John A. Tang of CLARK HILL PLC, is located at

      SUITE 2300
      909 FANNIN STREET
      HOUSTON, Texas 77010
      United States
The docket/reference number is A5996.347124.

The phone number is 713-951-5600.

The fax number is 713-951-5660.

The email address is ipdocket@clarkhill.com; jtang@clarkhill.com; languiano@clarkhill.com; ipdocketing@clarkhill.com

FEE(S)
Fee(s) in the amount of $375 is being submitted.

SIGNATURE(S)

Signature: /John A. Tang/      Date: 12/28/2019
Signatory's Name: John A. Tang
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 7139515600


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: /John A. Tang/      Date: 12/28/2019
Signatory's Name: John A. Tang
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 7139515600


Response Signature
Signature: /John A. Tang/     Date: 12/28/2019
Signatory's Name: John A. Tang
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 7139515600

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:    JOHN A. TANG
   CLARK HILL PLC
   SUITE 2300
   909 FANNIN STREET
   HOUSTON, Texas 77010
Mailing Address:    John A. Tang
   CLARK HILL PLC
   SUITE 2300
   909 FANNIN STREET
   HOUSTON, Texas 77010
        
RAM Sale Number: 88346081
RAM Accounting Date: 12/30/2019
        
Serial Number: 88346081
Internet Transmission Date: Sat Dec 28 11:37:27 EST 2019
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XX-2019122811372733
5750-88346081-700f9c5aac4616da26951156a2
5101f5714121e5b1e1df4f705a7c942b9ee55c1e
-CC-37259281-20191228113253748364