PTO- 2195 |
Approved for use through 12/31/2020. OMB 0651-0054 |
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. |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
The table below presents the data as entered.
PTO- 2195 |
Approved for use through 12/31/2020. OMB 0651-0054 |
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. |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
To the Commissioner for Trademarks:
MARK: ALERT (Stylized and/or with Design, see
mark )
SERIAL NUMBER: 88685094
PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice
of Allowance was received by applicant.
EXTENSION OF TIME AND STATEMENT OF USE
The owner proposes to amend the following:
Current: Place On The Hill, LLC, having an address of
7049 S Golfside Lane
Phoenix, Arizona 85042
United States
Proposed: Place On The Hill, LLC, having an address of
7049 S Golfside Lane
Phoenix, Arizona 85042
United States
Email: XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use. The Notice of Allowance mailing date was 05/19/2020.
The applicant is filing extension number(s): 1
For International Class 014:
Current identification: Rubber or silicone wristbands in the nature of a bracelet; Slap bracelets; Slapband bracelets
The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/22/2020, and first used in commerce at least as early as
09/22/2020, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) Website screenshots of store selling listed goods with URL at top of page and date/time shown in lower right corner.
Original PDF file:
SPN0-68104173176-20210106 185312461821_._Specimens.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://www.etsy.com/shop/TheBabyAlertBand
Webpage Date of Access: 01/06/2021
Correspondence Information (current):
KEITH A. MILLER
PRIMARY EMAIL FOR CORRESPONDENCE: keith@keithmillerpllc.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
Keith A. Miller
PRIMARY EMAIL FOR CORRESPONDENCE: keith@keithmillerpllc.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 applicant owner/holder and the applicant owner's/holder's attorney, if appointed,
and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
A fee payment in the amount of $150 will be submitted with the form, representing payment for the petition to revive fee.
A fee payment in the amount of $125 will be submitted with the form, representing payment for the extension fee.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.
A fee payment in the total amount of $375 will be submitted.
Petition
Signature: /Keith A. Miller/ Date Signed: 01/06/2021
Signatory's Name: Keith A. Miller
Signatory's Position: Attorney of record, Arizona bar member
Signatory's Phone: 480-241-7306
Declaration
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 all statements made of his/her own knowledge are true and that all
statements made on information and belief are believed to be true.
STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time
to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.
STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered;
for a trademark or
service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified;
for a
collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or
in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark application, the applicant is
exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the
goods/services/collective membership organization in commerce.
STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d),
for a trademark or service mark application,
the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified;
for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of
the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark
application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the
notice of allowance or as subsequently modified and 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; and that 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: /Keith A. Miller/ Date Signed: 01/06/2021
Signatory's Name: Keith A. Miller
Signatory's Position: Attorney of record, Arizona bar member
Signatory's Phone: 480-241-7306
Signature method: Signed directly within the form
Serial Number: 88685094
Internet Transmission Date: Wed Jan 06 19:08:09 ET 2021
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-202101061908099
31751-88685094-760566b040da98b652b35c264
a52ac32ff5f726806cc070d65cc8f75f53c290-C
C-08076490-20210106185312461821