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 |
88352470 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
DATE OF NOTICE OF ABANDONMENT |
00/00/0000 |
MARK SECTION |
MARK |
http://uspto.report/TM/88352470/mark.png |
LITERAL ELEMENT |
OPTIMIZER |
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. |
STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Conmed Corporation |
STREET |
525 French Rd. |
CITY |
Utica |
STATE |
New York |
ZIP/POSTAL CODE |
13502 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Conmed Corporation |
STREET |
525 French Rd. |
CITY |
Utica |
STATE |
New York |
ZIP/POSTAL CODE |
13502 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE |
INTERNATIONAL CLASS |
010 |
CURRENT IDENTIFICATION |
medical devices, namely, endoscopic equipment for medical purposes in the nature of polyp traps |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
04/15/2020 |
FIRST USE IN COMMERCE DATE |
04/15/2020 |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPN0-1-38122120154-20200415183414073182_._Optimizer_specimen.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\883\524\88352470\xml2\PSE0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\883\524\88352470\xml2\PSE0003.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\883\524\88352470\xml2\PSE0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT18\883\524\88352470\xml2\PSE0005.JPG |
SPECIMEN DESCRIPTION |
scanned point of purchase display obtained from Applicant's website showing the use of the applied for mark next to a description and picture of
the applied for goods and means for ordering the goods as highlighted |
EXTENSION OF TIME TO FILE A STATEMENT OF USE |
EXTENSION PERIOD(S) |
1 |
ALLOWANCE MAIL DATE |
09/24/2019 |
ATTORNEY INFORMATION (current) |
NAME |
Fred J.M. Price |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
BOND, SCHOENECK & KING PLLC |
STREET |
ONE LINCOLN CENTER |
CITY |
SYRACUSE |
STATE |
New York |
POSTAL CODE |
13202 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
pto@conmed.com |
DOCKET/REFERENCE NUMBER |
C0618 T |
ATTORNEY INFORMATION (proposed) |
NAME |
Fred J.M. Price |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
BOND, SCHOENECK & KING PLLC |
STREET |
ONE LINCOLN CENTER |
CITY |
SYRACUSE |
STATE |
New York |
POSTAL CODE |
13202 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
bskpto@bsk.com |
DOCKET/REFERENCE NUMBER |
C0618 T |
CORRESPONDENCE INFORMATION (current) |
NAME |
FRED J.M. PRICE |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
pto@conmed.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Fred J.M. Price |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
bskpto@bsk.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
C0618 T |
PAYMENT SECTION |
PETITION FEE |
100 |
NUMBER OF CLASSES IN USE |
1 |
EXTENSION FEE |
125 |
NUMBER OF CLASSES IN USE |
1 |
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] |
100 |
TOTAL AMOUNT |
325 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/Fred J.M. Price/ |
SIGNATORY'S NAME |
Fred J.M. Price |
SIGNATORY'S POSITION |
attorney of record |
DATE SIGNED |
04/15/2020 |
DECLARATION SIGNATURE |
/Fred J.M. Price/ |
SIGNATORY'S NAME |
Fred J.M. Price |
SIGNATORY'S POSITION |
attorney of record |
DATE SIGNED |
04/15/2020 |
FILING INFORMATION |
SUBMIT DATE |
Wed Apr 15 18:41:12 ET 2020 |
TEAS STAMP |
USPTO/PSE-XX.XXX.XXX.XXX-
20200415184112474819-8835
2470-710fa2e9e6628117f6aa
acef17e5a2ee47ae4dc21d22c
56472e7b7f8c7380a7b5-DA-4
1120497-20200415183414073
182 |
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: OPTIMIZER(Standard Characters, see http://uspto.report/TM/88352470/mark.png)
SERIAL NUMBER: 88352470
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 applicant, Conmed Corporation, having an address of
525 French Rd.
Utica, New York 13502
United States
XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use. The Notice of Allowance mailing date was 09/24/2019.
The applicant is filing extension number(s): 1
For International Class 010:
Current identification: medical devices, namely, endoscopic equipment for medical purposes in the nature of polyp traps
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 04/15/2020, and first used in commerce at least as early as
04/15/2020, 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) scanned point of purchase display obtained from Applicant's website showing the use of the applied for mark next to a description and picture of the applied for goods and means for ordering
the goods as highlighted.
Original PDF file:
SPN0-1-38122120154-20200415183414073182_._Optimizer_specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
The owner's/holder's current attorney information: Fred J.M. Price. Fred J.M. Price of BOND, SCHOENECK & KING PLLC, is located at
ONE LINCOLN CENTER
SYRACUSE, New York 13202
United States
The docket/reference number is C0618 T.
The email address is pto@conmed.com
The owner's/holder's proposed attorney information: Fred J.M. Price. Fred J.M. Price of BOND, SCHOENECK & KING PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership
no. XXX, is located at
ONE LINCOLN CENTER
SYRACUSE, New York 13202
United States
The docket/reference number is C0618 T.
The email address is bskpto@bsk.com
Fred J.M. Price 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.
Correspondence Information (current):
FRED J.M. PRICE
PRIMARY EMAIL FOR CORRESPONDENCE: pto@conmed.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
Fred J.M. Price
PRIMARY EMAIL FOR CORRESPONDENCE: bskpto@bsk.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is C0618 T.
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 amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.
A fee payment in the total amount of $325 will be submitted.
Petition
Signature: /Fred J.M. Price/ Date Signed: 04/15/2020
Signatory's Name: Fred J.M. Price
Signatory's Position: attorney of record
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: /Fred J.M. Price/ Date Signed: 04/15/2020
Signatory's Name: Fred J.M. Price
Signatory's Position: attorney of record
Mailing Address:
BOND, SCHOENECK & KING PLLC
ONE LINCOLN CENTER
SYRACUSE, New York 13202
Mailing Address:
BOND, SCHOENECK & KING PLLC
ONE LINCOLN CENTER
SYRACUSE, New York 13202
Serial Number: 88352470
Internet Transmission Date: Wed Apr 15 18:41:12 ET 2020
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-202004151841124
74819-88352470-710fa2e9e6628117f6aaacef1
7e5a2ee47ae4dc21d22c56472e7b7f8c7380a7b5
-DA-41120497-20200415183414073182