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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88346667 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
DATE OF NOTICE OF ABANDONMENT |
00/00/0000 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
PRIMAL |
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. |
PETITION |
PETITION STATEMENT |
Applicant 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 |
Notice of Allowance was received by applicant. |
EXTENSION OF TIME TO FILE STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Millborn Seeds, Inc. |
MAILING ADDRESS |
2132 32nd Ave |
CITY |
Brookings |
STATE |
South Dakota |
ZIP/POSTAL CODE |
57006 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Millborn Seeds, Inc. |
MAILING ADDRESS |
2132 32nd Ave |
CITY |
Brookings |
STATE |
South Dakota |
ZIP/POSTAL CODE |
57006 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
031 |
CURRENT IDENTIFICATION |
Wildlife seed mixtures excluding alfalfa, cucumis melo L, and phaseolus vulgaris L. seeds, namely, seeds for wildlife plantings used by hunters
to develop forage stands and seed mixtures for food plots to feed and attract game animals for hunting purposes |
GOODS OR SERVICES |
KEEP ALL LISTED |
EXTENSION SECTION |
EXTENSION PERIOD(S) |
1 |
ALLOWANCE MAIL DATE |
12/24/2019 |
CORRESPONDENCE INFORMATION (current) |
NAME |
Blake E. Vande Garde |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
bvg@kcpatentlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
ekdk@kcpatentlaw.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Blake E. Vande Garde |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
bvg@kcpatentlaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
ekdkdocket@kcpatentlaw.com |
DOCKET/REFERENCE NUMBER |
3105.2 |
PAYMENT SECTION |
PETITION FEE |
100 |
NUMBER OF CLASSES IN USE |
1 |
EXTENSION FEE |
125 |
TOTAL AMOUNT |
225 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Blake E. Vande Garde/ |
SIGNATORY'S NAME |
Blake E. Vande Garde |
SIGNATORY'S POSITION |
Attorney of Record, Kansas bar member |
DATE SIGNED |
07/02/2020 |
SIGNATORY'S PHONE NUMBER |
913-549-4700 |
DECLARATION SIGNATURE |
/Blake E. Vande Garde/ |
SIGNATORY'S NAME |
Blake E. Vande Garde |
SIGNATORY'S POSITION |
Attorney of Record, Kansas Bar Member |
DATE SIGNED |
07/02/2020 |
SIGNATORY'S PHONE NUMBER |
913-549-4700 |
FILING INFORMATION |
SUBMIT DATE |
Thu Jul 02 14:44:47 ET 2020 |
TEAS STAMP |
USPTO/PSE-XXX.XX.XXX.XXX-
20200702144447336826-8834
6667-710a0d6404c385d3d1df
40c5b09e25563e444b836a1aa
448f15511a683ec13d-CC-444
52955-2020070214262379821
3 |
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: PRIMAL(Standard Characters, see
mark )
SERIAL NUMBER: 88346667
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 TO FILE STATEMENT OF USE
The owner proposes to amend the following:
Current: Millborn Seeds, Inc., having an address of
2132 32nd Ave
Brookings, South Dakota 57006
United States
Proposed: Millborn Seeds, Inc., having an address of
2132 32nd Ave
Brookings, South Dakota 57006
United States
Email: XXXX
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89. The Notice of Allowance mailing date was
12/24/2019.
The applicant is filing extension number(s): 1
For International Class 031:
Current identification: Wildlife seed mixtures excluding alfalfa, cucumis melo L, and phaseolus vulgaris L. seeds, namely, seeds for wildlife plantings used by hunters to develop forage stands and
seed mixtures for food plots to feed and attract game animals for hunting purposes
The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently
modified for this specific class.
Correspondence Information (current):
Blake E. Vande Garde
PRIMARY EMAIL FOR CORRESPONDENCE: bvg@kcpatentlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ekdk@kcpatentlaw.com
Correspondence Information (proposed):
Blake E. Vande Garde
PRIMARY EMAIL FOR CORRESPONDENCE: bvg@kcpatentlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ekdkdocket@kcpatentlaw.com
The docket/reference number is 3105.2.
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 total amount of $225 will be submitted.
Petition
Signature: /Blake E. Vande Garde/ Date Signed: 07/02/2020
Signatory's Name: Blake E. Vande Garde
Signatory's Position: Attorney of Record, Kansas bar member
Signatory's Phone: 913-549-4700
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: /Blake E. Vande Garde/ Date Signed: 07/02/2020
Signatory's Name: Blake E. Vande Garde
Signatory's Position: Attorney of Record, Kansas Bar Member
Signatory's Phone: 913-549-4700
Serial Number: 88346667
Internet Transmission Date: Thu Jul 02 14:44:47 ET 2020
TEAS Stamp: USPTO/PSE-XXX.XX.XXX.XXX-202007021444473
36826-88346667-710a0d6404c385d3d1df40c5b
09e25563e444b836a1aa448f15511a683ec13d-C
C-44452955-20200702142623798213