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. 88382721 BOOSTER (Stylized and/or with Design, see http://uspto.report/TM/88382721/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

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

As an initial matter, the response forms of the USPTO do not permit for the timely filing of this response. Because January 1, 2020, was a federal holiday, the response deadline should have been extended to January 2, 2020, but the forms of the USPTO would not permit the filing of a response and, rather, required a petition to revive. Applicant requests that its response be treated as timely filed. Applicant respectfully responds to the substance of the Office Action to state that no disclaimer is necessary because the applied-for mark is not merely descriptive of the applied-for services. Applicant is not a high-school athletics booster organization as described in the evidence. Rather, as provided in the identification, the applied-for mark is used in connection with the fundraising fitness events. The mark suggests the enhancement in energy and confidence related to such activities. This connection between fitness and enhancing and improving almost every aspect of life is well-documented and would be suggested to consumers. See Exhibits A through H (articles discussing benefits of fitness and exercise and how they might enhance certain areas of life). The applied-for mark embodies a suggestive play on words and is registerable under TMEP Section 1213.05(c). See In re National Tea Co., 144 USPQ 286 (TTAB 1965) (NO BONES ABOUT IT for pre-cooked ham). For example, in In re Tea & Sympathy, Inc., 88 USPQ2d 1062 (TTAB 2008), the Board reversed a refusal to register the mark THE FARMACY used in connection with retail store services featuring natural herbs and organic products. The Board found that the mark contained more than a misspelling of "pharmacy," but that consumers would recognize the play on words indicating the farm-fresh characteristics offered under the applicant's services. With more than a single meaning, the mark was inherently not merely descriptive. See also In re Grand Metropolitan Foodservice, Inc., 30 USPQ2d 1974 1975 (TTAB 1994) (finding the term "MufFuns" in relation to muffins not descriptive because the play on the words "muffin" and "fun" suggestive). As such, the applied-for mark is not merely descriptive of the services, and Applicant requests the refusal be withdrawn.

EVIDENCE
Evidence in the nature of Exhibits A through H has been attached.
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_A.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_B.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_C.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_D.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_E.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_F.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_G.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_381429978-20200102073455095804_._Exhibit_H.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

The applicant's current attorney information: Austin Padgett. Austin Padgett of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE ST. NE, SUITE 3000
      ATLANTA, Georgia 30308
      US
The docket/reference number is 233251.15.

The phone number is 404-885-3155.

The fax number is 4048853900.

The email address is trademarks@troutman.com

The applicants proposed attorney information: Austin Padgett. Austin Padgett of TROUTMAN SANDERS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 PEACHTREE ST. NE, SUITE 3000
      ATLANTA, Georgia 30308
      United States
The docket/reference number is 233251.15.

The phone number is 404-885-3155.

The fax number is 4048853900.

The email address is trademarks@troutman.com

Austin Padgett 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: AUSTIN PADGETT. AUSTIN PADGETT of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE ST. NE, SUITE 3000
      ATLANTA, Georgia 30308
      US
The docket/reference number is 233251.15.

The phone number is 404-885-3155.

The fax number is 4048853900.

The email address is trademarks@troutman.com; austin.padgett@troutman.com; jennifer.hennelly@troutman.com

The applicants proposed correspondence information: Austin Padgett. Austin Padgett of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE ST. NE, SUITE 3000
      ATLANTA, Georgia 30308
      United States
The docket/reference number is 233251.15.

The phone number is 404-885-3155.

The fax number is 4048853900.

The email address is trademarks@troutman.com; austin.padgett@troutman.com; jennifer.hennelly@troutman.com

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

SIGNATURE(S)

Signature: /Austin Padgett/      Date: 01/02/2020
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 4048853155


Response Signature
Signature: /Austin Padgett/     Date: 01/02/2020
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 4048853155

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:    AUSTIN PADGETT
   TROUTMAN SANDERS LLP
   
   600 PEACHTREE ST. NE, SUITE 3000
   ATLANTA, Georgia 30308
Mailing Address:    Austin Padgett
   TROUTMAN SANDERS LLP
   600 PEACHTREE ST. NE, SUITE 3000
   ATLANTA, Georgia 30308
        
RAM Sale Number: 88382721
RAM Accounting Date: 01/02/2020
        
Serial Number: 88382721
Internet Transmission Date: Thu Jan 02 07:58:39 EST 2020
TEAS Stamp: USPTO/POA-XX.XXX.XX.XX-20200102075839487
277-88382721-7002e8449e9d51d15c978b4fd1b
81be8397d78f76e17c214abf97a94db47b529e2-
DA-58387648-20200102073455095804