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. 88465940 BON(Standard Characters, see http://uspto.report/TM/88465940/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:

The 2(d) refusal to register in light of the prior registration for BON-AIRE should be withdrawn because a consumer would not be confused by Applicant's use of BON. The distinctive part of BON-AIRE is AIRE, and a consumer would recognize this and would not conclude that Applicant's products, marked BON, are made by the BON-AIRE company. Additionally, it appears that BON-AIRE has been abandoned for at least several years, and Applicant intends to reach out to the owner of BON-AIRE and request voluntary cancellation, or to otherwise file a petition to cancel. Regarding the specimen refusal, it appears that the Examining Attorney has not closely reviewed the specimen. The specimen pictures show a skateboard and skateboards and grip tape for sale inside the shop on which BON is clearly printed, thereby satisfying the use-in-commerce requirement.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Troy Johnson, a citizen of United States, having an address of
      102 S 200 E, Suite 800
      Salt Lake City, Utah 84111
      United States

Proposed: Troy Johnson, a citizen of United States, having an address of
      102 South 200 East, Suite 800
      Salt Lake City, Utah 84111
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Joseph Shapiro. Joseph Shapiro of STRONG & HANNI, is located at

      102 S 200 E, SUITE 800
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is t. johnson.
      The phone number is 801-323-2131.
      The email address is jshapiro@strongandhanni.com

The owner's/holder's proposed attorney information: Joseph Shapiro. Other appointed attorneys are Casey Jones. Joseph Shapiro of STRONG & HANNI, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      102 S 200 E, SUITE 800
      SALT LAKE CITY, Utah 84111
      United States
The docket/reference number is t. johnson.
      The phone number is 801-323-2131.
      The email address is jshapiro@strongandhanni.com

Joseph Shapiro 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):
      JOSEPH SHAPIRO
      PRIMARY EMAIL FOR CORRESPONDENCE: jshapiro@strongandhanni.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkadmin@strongandhanni.com

The docket/reference number is t. johnson.
Correspondence Information (proposed):
      Joseph Shapiro
      PRIMARY EMAIL FOR CORRESPONDENCE: jshapiro@strongandhanni.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkadmin@strongandhanni.com

The docket/reference number is t. johnson.

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
Translation
The English translation of BON in the mark is well.


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

SIGNATURE(S)

Signature: /Joseph Shapiro/      Date: 03/27/2020
Signatory's Name: Joseph Shapiro
Signatory's Position: Attorney of Record
Signatory's Phone Number: 801-323-2131


Response Signature
Signature: /Joseph Shapiro/     Date: 03/27/2020
Signatory's Name: Joseph Shapiro
Signatory's Position: Attorney of record

Signatory's Phone Number: 801-323-2131

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:    JOSEPH SHAPIRO
   STRONG & HANNI
   
   102 S 200 E, SUITE 800
   SALT LAKE CITY, Utah 84111
Mailing Address:    Joseph Shapiro
   STRONG & HANNI
   102 S 200 E, SUITE 800
   SALT LAKE CITY, Utah 84111
        
RAM Sale Number: 88465940
RAM Accounting Date: 03/27/2020
        
Serial Number: 88465940
Internet Transmission Date: Fri Mar 27 17:39:57 ET 2020
TEAS Stamp: USPTO/POA-XXX.XXX.X.XXX-2020032717395795
6735-88465940-710d9fc603c18c6c9dd1725eda
431261a2bf0463913625361ca9258f97070e95f3
5-CC-39560375-20200327171341436543