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: FORMULA (Stylized and/or with Design, see http://uspto.report/TM/88356312/mark.png)
SERIAL NUMBER: 88356312

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, NINGBO STORM PLUMBING CO., LTD., having an address of
      No777, Yu'An Road, Zhouxiang Town,
      Cixi,, 315300
      China
      XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 09/10/2019.

The applicant is filing extension number(s): 1


For International Class 011:
Current identification: Anti-splash tap nozzles; Automatic flush valves for toilets; Bath installations; Drainage water treatment tanks; Fitted liners for baths and showers; Kitchen sinks; Pressure-activated pop-up water sprinklers mounted on non-metal fence panels and posts; Shower cubicles; Shower screens; Showers; Sink drainer system comprised of a drain tray, sink mount, kick stand and rod; Sink pedestals; Sinks; Tap water faucets; Toilet bowls; Toilet bowls for children

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 06/08/2018, and first used in commerce at least as early as 05/16/2019, 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) photos of actual goods, namely, bath installations.
Specimen File1
Specimen File2
Specimen File3


For International Class 021:
Current identification: Nozzles for watering hose; Rails and rings for towels; Roses for watering cans; Soap holders; Soap holders and boxes; Sprinklers for watering flowers and plants; Toilet brushes; Toilet paper holders; Watering cans; Shut-off valves for water sprinkler nozzles

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 06/08/2018, and first used in commerce at least as early as 05/16/2019, 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) photos of actual goods, namely, sop holders and shower spray.
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The owner's/holder's proposed attorney information DI LI. DI LI of Di Li Law, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      17700 Castleton St, Suite 353
      City of Industry, California 91748
      United States
to submit this Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request on behalf of the applicant.
The docket/reference number is BH.

The phone number is 626-723-4849.

The fax number is 626-956-0744.

The email address is trademarks@dililaw.com

DI LI 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):
      GUO YONG
      PRIMARY EMAIL FOR CORRESPONDENCE: xiaopohaiwj@163.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      DI LI
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@dililaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): judywu@haocoip.com

The docket/reference number is BH.

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: /Di Li/ Date Signed: 05/25/2020
Signatory's Name: Di Li
Signatory's Position: Attorney of record
Signatory's Phone: 6267234849
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: /Di Li/ Date Signed: 05/25/2020
Signatory's Name: Di Li
Signatory's Position: Attorney of record
Signatory's Phone: 626-723-4849

Mailing Address:
   Di Li Law, P.C.
   
   17700 Castleton St, Suite 353
   City of Industry, California 91748

Serial Number: 88356312
Internet Transmission Date: Mon May 25 23:43:59 ET 2020
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XXX-2020052523435920
0021-88356312-710ad80b47fb2f85f1a7e0b52c
94aa16bab67596e89aab1e1d34b3f226517cf86-
CC-43564685-20200525233856801116