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 |
88452949 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
DATE OF NOTICE OF ABANDONMENT |
06/22/2020 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
BARON |
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 |
Cardinal Percussion Inc. |
MAILING ADDRESS |
1124 Churchill-Hubbard Road |
CITY |
Youngstown |
STATE |
Ohio |
ZIP/POSTAL CODE |
44505 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
330-707-4446 |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Cardinal Percussion Inc. |
MAILING ADDRESS |
1124 Churchill-Hubbard Road |
CITY |
Youngstown |
STATE |
Ohio |
ZIP/POSTAL CODE |
44505 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
330-707-4446 |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION FOR STATEMENT OF USE |
INTERNATIONAL CLASS |
015 |
CURRENT IDENTIFICATION |
Drums |
GOODS OR SERVICES |
KEEP ALL LISTED |
FIRST USE ANYWHERE DATE |
06/01/2020 |
FIRST USE IN COMMERCE DATE |
06/01/2020 |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\884\529\88452949\xml4 \ PSE0002.JPG |
SPECIMEN DESCRIPTION |
http://www.attackdrumheads.com/products/specialty-drumheads/the-baron/ 07/16/2020-Access Date |
EXTENSION OF TIME TO FILE A STATEMENT OF USE |
EXTENSION PERIOD(S) |
1 |
ALLOWANCE MAIL DATE |
11/19/2019 |
ATTORNEY INFORMATION (current) |
NAME |
John Buchenic |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
THE LAW OFFICE OF JOHN BUCHENIC ESQ. LTD. |
INTERNAL ADDRESS |
STE. D. |
STREET |
154 YOUNGSTOWN-HUBBARD RD. |
CITY |
HUBBARD |
STATE |
Ohio |
POSTAL CODE |
44425 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
330-534-2020 |
FAX |
330-534-7954 |
EMAIL |
jbuchenic@bucheniclaw.com |
ATTORNEY INFORMATION (proposed) |
NAME |
John Buchenic |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
THE LAW OFFICE OF JOHN BUCHENIC ESQ. LTD. |
INTERNAL ADDRESS |
STE. D. |
STREET |
324 N Main St |
CITY |
HUBBARD |
STATE |
Ohio |
POSTAL CODE |
44425 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
330-534-7955 |
FAX |
330-534-7954 |
EMAIL |
jbuchenic@bucheniclaw.com |
CORRESPONDENCE INFORMATION (current) |
NAME |
JOHN BUCHENIC |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jbuchenic@bucheniclaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
John Buchenic |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
jbuchenic@bucheniclaw.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
mark@cardinalpercussion.com |
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 |
/John Buchenic/ |
SIGNATORY'S NAME |
John Buchenic |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
07/16/2020 |
SIGNATORY'S PHONE NUMBER |
3305347955 |
DECLARATION SIGNATURE |
/John Buchenic/ |
SIGNATORY'S NAME |
John Buchenic |
SIGNATORY'S POSITION |
Attorney of Record |
DATE SIGNED |
07/16/2020 |
SIGNATORY'S PHONE NUMBER |
3305347955 |
FILING INFORMATION |
SUBMIT DATE |
Thu Jul 16 21:39:16 ET 2020 |
TEAS STAMP |
USPTO/PSE-XXX.X.XX.XX-202
00716213916913360-8845294
9-740bd5addeefd4fb4ae87f7
b746857a27ed871d4ec4e875e
f615042412c44b9c1-CC-3915
2387-20200716204416631267 |
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: BARON(Standard Characters, see
mark )
SERIAL NUMBER: 88452949
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 owner proposes to amend the following:
Current: Cardinal Percussion Inc., having an address of
1124 Churchill-Hubbard Road
Youngstown, Ohio 44505
United States
Phone: 330-707-4446
Email: XXXX
Proposed: Cardinal Percussion Inc., having an address of
1124 Churchill-Hubbard Road
Youngstown, Ohio 44505
United States
330-707-4446
Email: XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use. The Notice of Allowance mailing date was 11/19/2019.
The applicant is filing extension number(s): 1
For International Class 015:
Current identification: Drums
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 06/01/2020, and first used in commerce at least as early as
06/01/2020, 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) http://www.attackdrumheads.com/products/specialty-drumheads/the-baron/ 07/16/2020-Access Date.
Specimen File1
The owner's/holder's current attorney information: John Buchenic. John Buchenic of THE LAW OFFICE OF JOHN BUCHENIC ESQ. LTD., is located at
STE. D.
154 YOUNGSTOWN-HUBBARD RD.
HUBBARD, Ohio 44425
United States
The phone number is 330-534-2020.
The fax number is 330-534-7954.
The email address is jbuchenic@bucheniclaw.com
The owner's/holder's proposed attorney information: John Buchenic. John Buchenic of THE LAW OFFICE OF JOHN BUCHENIC ESQ. LTD., is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
STE. D.
324 N Main St
HUBBARD, Ohio 44425
United States
The phone number is 330-534-7955.
The fax number is 330-534-7954.
The email address is jbuchenic@bucheniclaw.com
John Buchenic 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):
JOHN BUCHENIC
PRIMARY EMAIL FOR CORRESPONDENCE: jbuchenic@bucheniclaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
John Buchenic
PRIMARY EMAIL FOR CORRESPONDENCE: jbuchenic@bucheniclaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mark@cardinalpercussion.com
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: /John Buchenic/ Date Signed: 07/16/2020
Signatory's Name: John Buchenic
Signatory's Position: Attorney of Record
Signatory's Phone: 3305347955
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: /John Buchenic/ Date Signed: 07/16/2020
Signatory's Name: John Buchenic
Signatory's Position: Attorney of Record
Signatory's Phone: 3305347955
Mailing Address:
THE LAW OFFICE OF JOHN BUCHENIC ESQ. LTD.
STE. D.
154 YOUNGSTOWN-HUBBARD RD.
HUBBARD, Ohio 44425
Mailing Address:
THE LAW OFFICE OF JOHN BUCHENIC ESQ. LTD.
STE. D.
324 N Main St
HUBBARD, Ohio 44425
Serial Number: 88452949
Internet Transmission Date: Thu Jul 16 21:39:16 ET 2020
TEAS Stamp: USPTO/PSE-XXX.X.XX.XX-202007162139169133
60-88452949-740bd5addeefd4fb4ae87f7b7468
57a27ed871d4ec4e875ef615042412c44b9c1-CC
-39152387-20200716204416631267