TEAS Petition to Revive SOU

PTO- 2195

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 2195

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains 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: WILEY SPARK(Standard Characters, see mark )
SERIAL NUMBER: 88747752

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 TO FILE STATEMENT OF USE
The owner proposes to amend the following:
Current: John Wiley & Sons, Inc., having an address of
      111 River Street
      Hoboken, New Jersey 07030
      United States
      Email: XXXX
Proposed: John Wiley & Sons, Inc., having an address of
      John Wiley & Sons, Inc.
      111 River Street
      Hoboken, New Jersey 07030
      United States
      Email: XXXX
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 08/04/2020.

The applicant is filing extension number(s): 1


For International Class 041:
Current identification: Educational services, namely, providing online multi-media interactive secondary through post-secondary classes and courses of instruction, and the distribution of testing materials therewith; educational services, namely, providing online programs, webinars, and non-downloadable images and audio files, and tutorial videos and videos featuring animations, in the fields of mathematics, biological and chemical sciences, liberal arts, social sciences and education and literature, and the distribution of educational testing materials therewith; educational services, namely developing curriculum for educators; non-downloadable electronic education related publications in the nature of testing materials, workbooks, manuals, study and user guides, glossaries, dictionaries, articles, e-books, lesson plans and educator guides, in the fields of mathematics, biological and chemical sciences, liberal arts, social sciences and education and literature, education services, namely, providing online multi-media secondary through post-secondary courses, and the distribution of educational materials therewith in the nature of lesson plans, instructors manuals, homework assignments, calendars, gradebooks, learning assessments and testing, and study modules for managing coursework in various disciplines; providing online multimedia secondary through post-secondary interactive on-line educational courses of instruction

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 042:
Current identification: Providing temporary use of non-downloadable web-based educational software for the management and delivery of educational content in various disciplines, including educational courses and course management tools, namely, lesson plans and assignments, calendars, gradebooks, study modules, and student performance diagnostics; providing temporary use of non-downloadable web-based educational software application for providing multi-media instructional content in the form of text, e-text, study modules, audio, images, animations, video and interactive reading material in the nature of articles and e-books, learning and instructional content, interactive learning tools, namely, tutorials, quizzes, coaching activities and instructor feedback, study modules and review materials for use by instructors, students, and administrators in connection with educational courses at the post-secondary education levels; providing temporary use of non-downloadable web-based software for assessing student progress and tracking student performance; providing temporary use of non-downloadable web-based software for data reporting, namely, providing student performance diagnostics, summaries and reports, class activity reports and course summaries and enabling data sharing for third-party learning management systems for use by instructors, students and administrators in connection with educational courses at the secondary through post-secondary education levels

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.

Correspondence Information (current):
      Joseph Barker
      PRIMARY EMAIL FOR CORRESPONDENCE: cchristi@wiley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jobarker@wiley.com
Correspondence Information (proposed):
      Joseph Barker
      PRIMARY EMAIL FOR CORRESPONDENCE: cchristi@wiley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@wiley.com

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 $250 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $400 will be submitted.

Petition




Signature: /allisonbrehm/ Date Signed: 03/09/2021
Signatory's Name: Allison Brehm
Signatory's Position: Attorney of Record
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: /allisonbrehm/ Date Signed: 03/09/2021
Signatory's Name: Allison Brehm
Signatory's Position: Attorney of Record
Signature method: Signed directly within the form

Serial Number: 88747752
Internet Transmission Date: Tue Mar 09 10:53:59 ET 2021
TEAS Stamp: USPTO/PSE-XXXX:XX:X:XXXX:XXXX:XXX:XXXX:X
XX-20210309105359968289-88747752-770f432
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5382ceba10d48c51d23f-CC-53574161-2021030
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