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. 88781315 GLOBALIZING FLOATING WIND(Standard Characters, see http://uspto.report/TM/88781315/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:

Examining Attorney submits that the mark GLOBALIZING FLOATING WIND is descriptive of the goods and services in the application. Applicant respectfully requests reconsideration, in light of the unitary character of the mark, the exclusive use of the word combination by Applicant, and inability of the the mark to convey anything about the goods/services themselves. The mark as a whole may be conceptually described as an aspirational process or mission. It would not be taken as a literal description of the goods/services offered by Applicant, as consumers for Applicant's goods/services are seeking energy solutions, not a global movement or campaign to "globalize floating wind". Further, the meaning is ambiguous as multiple meanings may be attributed to the mark: does it mean the process of taking "floating wind" global, or does it mean "floating wind" which is itself globalizing? Put another way, is GLOBALIZING an action being done to FLOATING wind, or rather a modifier of FLOATING WIND? The double-meaning suggests the mark has unitary character since it carries a nebulous, thought-provoking meaning. Secondly, the word combination of the mark is exclusively used by Applicant. A search on the Google search engine for the exact phrase, but excluding results from Applicant's webpage at www.principlepowerin.com, yields only 800 results. As most of these results are related to non-solicited media coverage regarding Applicant and referencing it's trademark, a second Google search was completed which omitted results containing the term "Principle" (the Applicant's name, "Principle Power"). This second search yielded only 8 results, which also all have a connection to the Applicant. See attached Exhibits with screenshots of the Google searches. As this word combination has not been used by anyone other than the Applicant, as determined by arguably the world's most powerful search engine, the mark is not composed of a combination of words used in ordinary language. Lastly, the specific word combination conveys nothing of substance to the average consumer about the goods/services. GLOBALIZING FLOATING WIND cannot be said to describe a feature of wind turbines and support structures: they are merely individual structures which produce energy. The products themselves do not "globalize" floating wind any more than shoes "globalize" footwear. The same applies to Applicant's services: the design of wind farms does not "globalize" floating wind any more than legal services "globalize" law. In fact, Examining Attorney has only provided examples of use of the adjective GLOBAL in third party marks, and not the gerund GLOBALIZING which conceptually signals action and movement. While it may be the case the the adjective GLOBAL describes a feature of a good/service, the same does not carry with regards to the gerund GLOBALIZING.

EVIDENCE
Evidence has been attached: Screenshots taken of Google search results, obtained November 9, 2020.
Original PDF file:
evi_1-26001010b100af3bfdb 2d2c32c18b866-20201110001 534079349_._floating_wind _22_-site_principlepoweri nc.com_-_Google_Search.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_1-26001010b100af3bfdb 2d2c32c18b866-20201110001 534079349_._nd_22_-site_p rinciplepowerinc.com_-pri nciple_-_Google_Search.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Correspondence Information (current):
      Michael E.Dergosits
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@dergnoah.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mdergosits@dergnoah.com; ckuehn@dergnoah.com

The docket/reference number is 1212.17.01US.
Correspondence Information (proposed):
      Michael E.Dergosits
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@dergnoah.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mdergosits@dergnoah.com; ckuehn@dergnoah.com

The docket/reference number is 1212.17.01US.

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: /ck/      Date: 11/09/2020
Signatory's Name: Cliff Kuehn
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: x


Response Signature
Signature: /ck/     Date: 11/09/2020
Signatory's Name: Cliff Kuehn
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: x

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:    Michael E.Dergosits
   DERGOSITS & NOAH LLP
   
   ONE EMBARCADERO CENTER, SUITE 350
   SAN FRANCISCO, California 94111
Mailing Address:    Michael E.Dergosits
   DERGOSITS & NOAH LLP
   ONE EMBARCADERO CENTER, SUITE 350
   SAN FRANCISCO, California 94111
        
RAM Sale Number: 88781315
RAM Accounting Date: 11/10/2020
        
Serial Number: 88781315
Internet Transmission Date: Tue Nov 10 00:53:18 ET 2020
TEAS Stamp: USPTO/POA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20201110005318383979-88781315-
750777ac85aeb866fc4774ec54051f42a2c8fe06
e725a5cef45148027dfb383cb-DA-53177175-20
201110001534079349