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. 88807258 THE ULTIMATE VARMINT GUARD THE VARMINT STOPS HERE! (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8880725 8/large) 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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 007 for Guards for electronic feeders; Plastic guards for electronic feeders for wildlife
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, 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.


Proposed:

Tracked Text Description: Guards for electronic feeders; Guards specially adapted for electronic feeders for animals; Plastic guards for electronic feeders for wildlife; Plastic guards specially adapted for electronic feeders for wildlifeClass 007 for Guards specially adapted for electronic feeders for animals; Plastic guards specially adapted for electronic feeders for wildlife
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use THE ULTIMATE VARMINT GUARD apart from the mark as shown.


Description of mark
The mark consists of The mark consists of an octagon background having a mesh pattern fill over which two slightly overlapping but stacked parallelograms are positioned diagonally and extending across the center of the center of the octagon, where the topmost parallelogram contains the words "THE ULTIMATE" and the lowermost parallelogram contains the words "VARMINT GUARD" both in block letters, and further consisting of a raccoon head positioned at the top of the octagon and a squirrel's upper body and tail peek out from behind the top right edge of the uppermost parallelogram, and further consisting of the words "THE VARMINT STOPS HERE!" with the wording "STOPS HERE!" underlined positioned below the octagon.
Correspondence Information (current):
      ERIC A. HINOJOSA
      PRIMARY EMAIL FOR CORRESPONDENCE: eric@ehiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is Cavazos_DM1.
Correspondence Information (proposed):
      Eric A. Hinojosa
      PRIMARY EMAIL FOR CORRESPONDENCE: eric@ehiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is Cavazos_DM1.

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.


The undersigned has elected not to submit a fee payment for the class(es), believing no fee payment is required under the Trademark Rules of Practice. The undersigned acknowledges that the USPTO may, upon later review, require a fee payment.
SIGNATURE(S)

Signature: /Eric A. Hinojosa/      Date: 11/18/2020
Signatory's Name: Eric A. Hinojosa
Signatory's Position: Attorney of Record, State Bar of Texas member
Signatory's Phone Number: 210-722-0312


Response Signature
Signature: /Eric A. Hinojosa/     Date: 11/18/2020
Signatory's Name: Eric A. Hinojosa
Signatory's Position: Attorney of Record, State Bar of Texas member

Signatory's Phone Number: 210-722-0312

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:    ERIC A. HINOJOSA
   THE LAW OFFICE OF ERIC HINOJOSA PLLC
   
   190 PALMA NOCE
   SAN ANTONIO, Texas 78253
Mailing Address:    Eric A. Hinojosa
   THE LAW OFFICE OF ERIC HINOJOSA PLLC
   190 PALMA NOCE
   SAN ANTONIO, Texas 78253
        
RAM Sale Number: 88807258
RAM Accounting Date: 11/19/2020
        
Serial Number: 88807258
Internet Transmission Date: Thu Nov 19 00:45:29 ET 2020
TEAS Stamp: USPTO/POA-XX.XXX.XX.XXX-2020111900452960
9465-88807258-750d6566cd3c37f96855b8e446
1defb59cbbb267bdf2e13fd09a06827cc366b90-
ET-45282322-20201119003249928312