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. 88380062 DARK HEART (Stylized and/or with Design, see http://uspto.report/TM/88380062/mark.png) has been amended as follows: PETITION NOTICE OF APPEAL OR PETITION TO DIRECTOR
I elect not to file a notice of appeal with the Trademark Trial and Appeal Board or petition to Director. I understand that additional time to file either an appeal or petition to the Director will not be provided. Failure to file an appeal may result in my application being abandoned for an incomplete response even if this petition is granted.
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:

The Examining Attorney refused Applicant's application on the basis of a finding of a likelihood of confusion with Reg. No. 4317685, for the mark DARK HEART (the "Cited Mark"). However, the Cited Mark, Reg. No. 4317685, has since been cancelled. The required Section 8 Declaration of Continued Use for the Cited Mark was due by 4/9/2019. No acceptable Section 8 Declaration has been filed, and the Cited Mark is outside of the grace period. The Cited Mark was officially cancelled by the USPTO on 11/15/2019. Consequently, the Cited Mark no longer poses a potential bar to Applicant's application. Applicant respectfully requests the Examining Attorney remove the 2(d) refusal pertaining to the Cited Mark and allow Applicant's application to proceed to register.

The owner's/holder's proposed attorney information Michael W. Schroeder. Other appointed attorneys are Leslie Reyes. Michael W. Schroeder of Reyes & Schroeder Associates, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1300 W. Beverly Blvd.
      Montebello, California 90640
      United States
to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
      The phone number is 3235531541.
      The fax number is 855.710.7622.
      The email address is mws@trademark.legal

Michael W. Schroeder 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):
      DAWON C. DAVIS
      PRIMARY EMAIL FOR CORRESPONDENCE: Dawondavis4@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Michael W. Schroeder
      PRIMARY EMAIL FOR CORRESPONDENCE: mws@trademark.legal
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@trademark.legal

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a heart design with two legs and a shoe on each foot. A smaller heart appears inside the larger heart. The smaller heart is positioned in the right side of the larger heart. The wording "DARK" appears in capitalized lettering and curved stylized font around the top left of the large heart design. The wording "HEART" appears vertically in capitalized lettering and stylized font to the right of the large heart design. The letter "H" in the wording "HEART" appears over the right leg of the large heart design. The shaded background represents transparent areas of the mark and is not part of the mark.

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)

Signature: /Michael W. Schroeder/      Date: 03/11/2020
Signatory's Name: Michael W. Schroeder
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 3235531541


Response Signature
Signature: /Michael W. Schroeder/     Date: 03/11/2020
Signatory's Name: Michael W. Schroeder
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: 3235531541

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:    DAWON C. DAVIS
   DARKHEART BRAND
   
   4251 SHIRLEY AVENUE
   LYNWOOD, California 90262
Mailing Address:    Michael W. Schroeder
   Reyes & Schroeder Associates, P.C.
   1300 W. Beverly Blvd.
   Montebello, California 90640
        
RAM Sale Number: 88380062
RAM Accounting Date: 03/11/2020
        
Serial Number: 88380062
Internet Transmission Date: Wed Mar 11 17:21:13 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XXX-202003111721139
69933-88380062-71024e2f6ad64d5eb26dd1244
c357bd943365126cdb955b811490223b24a97ace
-CC-21123605-20200311171208878484