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. 88457581  (Stylized and/or with Design, see http://uspto.report/TM/88457581/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 attached pdf.

EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_2324257195-20200414195037552683_._Office_Action_-_Diamond_Sole_-_Ornamentality_-_Functionality.pdf
Converted PDF file(s) ( 36 pages)
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OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Grishko, Ltd. a(n) obschestvo s ogranichennoy otveststvennostyu (ooo), legally organized under the laws of Russia, having an address of
      36, oul. Pyatnitskaya
      Moscow, RU-119-01
      Russia

Proposed: Grishko, Ltd., obschestvo s ogranichennoy otveststvennostyu (ooo) legally organized under the laws of Russia, having an address of
      36, oul. Pyatnitskaya
      Moscow, RU-119-01
      Russia
      Email Address: firm@tklglaw.com

The owner's/holder's current attorney information: Brian P. Kinder. Brian P. Kinder of THE KINDER LAW GROUP, APC, is located at

      19200 VON KARMAN AVE., FOURTH FLOOR
      IRVINE, California 92612
      United States
      The phone number is 949-216-3070.
      The fax number is 949-216-3074.
      The email address is bkinder@tklglaw.com

The owner's/holder's proposed attorney information: Brian P. Kinder. Brian P. Kinder of THE KINDER LAW GROUP, APC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      19200 VON KARMAN AVE., FOURTH FLOOR
      IRVINE, California 92612
      United States
      The phone number is 949-216-3070.
      The fax number is 949-216-3074.
      The email address is bkinder@tklglaw.com

Brian P. Kinder 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):
      BRIAN P. KINDER
      PRIMARY EMAIL FOR CORRESPONDENCE: bkinder@tklglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Brian P. Kinder
      PRIMARY EMAIL FOR CORRESPONDENCE: bkinder@tklglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /Nikolay Grishko/      Date: 04/14/2020
Signatory's Name: Nikolay Grishko
Signatory's Position: President
Signatory's Phone Number: (949) 216-3070


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: /Nikolay Grishko/      Date: 04/14/2020
Signatory's Name: Nikolay Grishko
Signatory's Position: President
Signatory's Phone Number: (949) 216-3070


Response Signature
Signature: /BPK/     Date: 04/14/2020
Signatory's Name: Brian P. Kinder
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 949-216-3070

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:    BRIAN P. KINDER
   THE KINDER LAW GROUP, APC
   
   19200 VON KARMAN AVE., FOURTH FLOOR
   IRVINE, California 92612
Mailing Address:    Brian P. Kinder
   THE KINDER LAW GROUP, APC
   19200 VON KARMAN AVE., FOURTH FLOOR
   IRVINE, California 92612
        
RAM Sale Number: 88457581
RAM Accounting Date: 04/14/2020
        
Serial Number: 88457581
Internet Transmission Date: Tue Apr 14 20:03:05 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XX.XXX-2020041420030560
1323-88457581-71071dc79a3f6a270c3801517a
3dab2b800f42714dab2a50f353fe3e3934460-CC
-03046230-20200414195037552683