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)

---

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. 88455403 WARP(Standard Characters, see http://uspto.report/TM/88455403/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:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: Argument text
Original PDF file:
evi_2605e000914c7e00bc52c f43e186aa14-2020050416210 8633415_._2020.5.4_WARP_R OA_88455403_Final.pdf
Converted PDF file(s) ( 22 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable software for enabling virtual private network (VPN) operation on electronic devices; Downloadable software for providing secure and private access for users to the Internet; Downloadable software for enabling users of electronic devices to securely connect to a remote server in order to allow for secure and private transmission of communications over the Internet; Downloadable software for encrypting electronic data for transmission through a secure and private connection over the Internet
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/01/2019 and first used in commerce at least as early as 04/01/2019 , and is now in use in such commerce.


Proposed:
Class 009 for Downloadable software for enabling virtual private network (VPN) operation on electronic devices; Downloadable software for providing secure and private access for users to the Internet; Downloadable software for enabling users of electronic devices to securely connect to a remote server in order to allow for secure and private transmission of communications over the Internet; Downloadable software for encrypting electronic data for transmission through a secure and private connection over the Internet
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/01/2019 and first used in commerce at least as early as 04/01/2019 , and is now in use in such commerce.

"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-758241103-2020050416 2108633415_._2020.5.4_WAR P_Substitute_Specimen_009.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Cloudflare, Inc., a corporation of Delaware, having an address of
      101 Townsend Street
      San Francisco, California 94107
      United States

Proposed: Cloudflare, Inc., a corporation of Delaware, having an address of
      101 Townsend Street
      San Francisco, California 94107
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Thomas A. Brackey II. Thomas A. Brackey II of BLUE WATER LAW, P.C., is located at

      520 BROADWAY, 2ND FLOOR
      SANTA MONICA, California 90401
      United States
      The phone number is 310-598-3608.
      The email address is tom@bluewater.law

The owner's/holder's proposed attorney information: Thomas A. Brackey II. Other appointed attorneys are Courtney R. Blackwell. Thomas A. Brackey II of BLUE WATER LAW, 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

      520 BROADWAY, 2ND FLOOR
      SANTA MONICA, California 90401
      United States
      The phone number is 310-598-3608.
      The email address is courtney@bluewater.law

Thomas A. Brackey II 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):
      THOMAS A. BRACKEY II
      PRIMARY EMAIL FOR CORRESPONDENCE: courtney@bluewater.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tom@bluewater.law
Correspondence Information (proposed):
      Thomas A. Brackey II
      PRIMARY EMAIL FOR CORRESPONDENCE: courtney@bluewater.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tom@bluewater.law

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).

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

SIGNATURE(S)

Signature: /tab/      Date: 05/04/2020
Signatory's Name: Thomas A. Brackey II
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 3105983608


Declaration Signature

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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. 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: /tab/      Date: 05/04/2020
Signatory's Name: Thomas A. Brackey II
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 3105983608


Response Signature
Signature: /tab/     Date: 05/04/2020
Signatory's Name: Thomas A. Brackey II
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 3105983608

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:    THOMAS A. BRACKEY II
   BLUE WATER LAW, P.C.
   
   520 BROADWAY, 2ND FLOOR
   SANTA MONICA, California 90401
Mailing Address:    Thomas A. Brackey II
   BLUE WATER LAW, P.C.
   520 BROADWAY, 2ND FLOOR
   SANTA MONICA, California 90401
        
RAM Sale Number: 88455403
RAM Accounting Date: 05/04/2020
        
Serial Number: 88455403
Internet Transmission Date: Mon May 04 16:35:58 ET 2020
TEAS Stamp: USPTO/POA-XX.XX.XX.XXX-20200504163558086
899-88455403-710e4177d0d93a1283fbb2718ae
78898625a87bdd41ed892264740edaff1dee0-CC
-35569623-20200504162108633415