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. 88498395 MOKA(Standard Characters, see http://uspto.report/TM/88498395/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 wording "MOKA" has no meaning in a foreign language.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 025 for Jackets for Ladies and Mens; Knitwear, namely, Ladies and Mens; Sweaters for Ladies and Mens; Sweatpants for Ladies and Mens; Sweatshirts for Ladies and Mens; T-shirts for Ladies and Mens; Tops as clothing for Ladies and Mens; Woven shirts for Ladies and Mens
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 02/01/1997 and first used in commerce at least as early as 02/01/1997 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Jackets for Ladies and Mens; Jackets for Ladies; Knitwear, namely, Ladies and Mens; Knitwear, namely, Ladies shirts, dresses, sweaters, pants, sweater dresses, shawls, wraps; Sweaters for Ladies and Mens; Sweaters for Ladies; Sweatpants for Ladies and Mens; Sweatpants for Ladies; Sweatshirts for Ladies and Mens; Sweatshirts for Ladies; T-shirts for Ladies and Mens; T-shirts for Ladies; Tops as clothing for Ladies and Mens; Tops as clothing for Ladies; Woven shirts for Ladies and Mens; Woven shirts for LadiesClass 025 for Jackets for Ladies; Knitwear, namely, Ladies shirts, dresses, sweaters, pants, sweater dresses, shawls, wraps; Sweaters for Ladies; Sweatpants for Ladies; Sweatshirts for Ladies; T-shirts for Ladies; Tops as clothing for Ladies; Woven shirts for Ladies
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 11/05/1996 and first used in commerce at least as early as 11/05/1996 , and is now in use in such commerce.
In International Class 025, the mark was first used at least as early as 11/05/1996 and first used in commerce at least as early as 11/05/1996.

The owner's/holder's proposed attorney information Jed R. Schlacter. Other appointed attorneys are Bret I. Herman. Jed R. Schlacter of Schlacter & Associates, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      450 Seventh Avenue, Suite 1308
      New York, New York 10123
      United States
to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
The docket/reference number is 88498395.
      The phone number is 212 695-2000.
      The fax number is 212 629-5825.
      The email address is jed@schlacterassociates.com

Jed R. Schlacter 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):
      MANTRA INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: mak@moka.cc
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): 1407@moka.cc

The docket/reference number is 2095364 PrRg.
Correspondence Information (proposed):
      Jed R. Schlacter
      PRIMARY EMAIL FOR CORRESPONDENCE: jed@schlacterassociates.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): 1407@moka.cc

The docket/reference number is 88498395.

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: /Jed R. Schlacter/      Date: 03/26/2020
Signatory's Name: Schlacter, Jed R.
Signatory's Position: Attorney of record, NY Bar member
Signatory's Phone Number: 212695-2000


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: /Jed R. Schlacter/      Date: 03/26/2020
Signatory's Name: Schlacter, Jed R.
Signatory's Position: Attorney of record, NY Bar member
Signatory's Phone Number: 212 695-2000


Response Signature
Signature: /Jed R. Schlacter/     Date: 03/26/2020
Signatory's Name: Schlacter, Jed R.
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212 695-2000

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:    MANTRA INC.
   MANTRA INC.
   SUITE 1701
   1407 BROADWAY
   NEW YORK, New York 10018
Mailing Address:    Jed R. Schlacter
   Schlacter & Associates
   450 Seventh Avenue, Suite 1308
   New York, New York 10123
        
RAM Sale Number: 88498395
RAM Accounting Date: 03/26/2020
        
Serial Number: 88498395
Internet Transmission Date: Thu Mar 26 16:00:06 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XXX-202003261600062
83711-88498395-710696be26dc62c741d33c25a
49d55f2a817220d121381eb3d0a57383224aacad
3-CC-00043107-20200326150751682139