Petition to Make Special

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 No Form Number (Rev 01/2012)

OMB No. 0651-0061 (Exp 09/30/2021)

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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 No Form Number (Rev 01/2012)

OMB No. 0651-0061 (Exp 09/30/2021)

Petition to Make Special

To the Commissioner for Trademarks:

The following is submitted for application serial number: 88644637

FORM TEXT:

Applicant hereby submits its Petition to Make Special pursuant to TMEP § 1710, based on acts of actual infringement which will result in the loss of substantial rights by Applicant.

Applicant has existing rights in the SPRING mark (“the Mark”) due to its substantial and continuous use of the Mark in commerce.  On July 18, 2016, Applicant launched its website, in which Applicant used the Mark to promote its walkers for use by mobility-impaired individuals.  Since that date, Applicant has continuously used the mark in promotion, marketing, and sales of these goods and services, and is therefore entitled to protection of the Mark.

Applicant has recently found evidence that its rights in the Mark are being infringed.  Although Applicant only sells its products through its own website and Indiegogo, Applicant has found the Mark used on numerous sites.  An example is attached to the Declaration of Patricia Kavanagh at Exhibit A.  This site is unaffiliated with Applicant, and Applicant has not given the site permission to use its Mark or sell its product.  Yet, the site uses the Mark multiple times, and encourages viewers to purchase the product through a “Buy Now” link on the webpage.  Further, the site provides links to purchase through Amazon or Ebay—neither of which Applicant uses to sell its products—and provides links to “Related Products” which appear to be in direct competition with Applicant’s products. 

In short, the website uses Applicant’s Mark to attract viewership and “clicks” which the site monetizes for its own commercial gain, creates a false affiliation between itself and Applicant, and misdirects consumers interested in Applicant’s product to competitor products.  Applicant submits that this use constitutes actual infringement of the Mark, warranting that the application for the Mark be made special.  See TMEP § 1710 (including actual infringement as a common basis for granting a petition to make special.

Included with this filing is the Declaration of Patricia Kavanagh pursuant to 37 C.F.R. §2.20, supporting the facts stated herein.

FORM FILE NAME(S):

Original PDF file:
SPRING_Declaration_201991025312434.pdf
Converted PDF file(s) (14 pages)
Attachments-1
Attachments-2
Attachments-3
Attachments-4
Attachments-5
Attachments-6
Attachments-7
Attachments-8
Attachments-9
Attachments-10
Attachments-11
Attachments-12
Attachments-13
Attachments-14


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

SIGNATURE(S)
Declaration Signature
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, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /David E. Weslow/      Date: 10/10/2019
Signatory's Name: David E. Weslow
Signatory's Position: Attorney of record, Maryland Bar member
Signatory's Phone Number: 202-719-7000

Submission Signature
Signature: /David E. Weslow/     Date: 10/10/2019
Signatory's Name: David E. Weslow
Signatory's Position: Attorney of record, Maryland Bar member
Signatory's Phone Number: 202-719-7000

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 petitioner?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 petitioner in this matter: the petitioner 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; the petitioner has filed a power of attorney appointing him/her in this matter; or the petitioner's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 57204146
RAM Accounting Date: 10/10/2019
        
Serial Number: 88644637
Internet Transmission Date: Thu Oct 10 14:57:21 EDT 2019
TEAS Stamp: USPTO/PMS-XX.XXX.XXX.XXX-201910101457211
80197-88644637-20191010145136062448-CC-5
7204146-20191010145136062448