Petition to Director Received

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 2301 (Rev 02/2020)

OMB No. 0651-0054 (Exp 12/31/2020)

---

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 2301 (Rev 02/2020)

OMB No. 0651-0054 (Exp 12/31/2020)

Petition to Director

To the Commissioner for Trademarks:

Application serial no. 88942536 NT3D NANOTEK(Standard Characters, see http://uspto.report/TM/88942536/mark.png) has been amended as follows: PETITION
Petition Statement
I am filing a petition to request expedited assignment to an examining attorney for certain COVID-19 medical-related goods/services, OR I was unable to timely submit a document due to the effects of COVID-19, OR a problem occurred while making a fee payment using FPNG or Pay.gov.

EXPLANATION OF FILING
The goods subject of the aforementioned applications are exactly the type that qualify for prioritized examination under the USPTO?s COVID-19 expedited program. These goods are regulated under 44 C.F.R. ? 328.103 among other relevant sections of the Code of Federal Regulations. The marks apply to filters which will provide a physical barrier to fluids and particulate materials; and the plastic skeleton forms/structures which will shape face masks that have inserts for such filters. Expedited treatment of these applications will assist the company in rapidly moving the products designed to protect against further transmission of the COVID-19 virus to market as soon as possible.

EVIDENCE

Original PDF file:
evi_19814723208-132742739 _._Primal_COVID-19_Expedi ted_Request_Affidavit.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Primal Wear, Inc., a corporation of Colorado, having an address of
      7700 Cherry Creek South Drive #106
      Denver, Colorado 80231
      United States
      Email Address: XXXX

Proposed: Primal Wear, Inc., a corporation of Colorado, having an address of
      7700 Cherry Creek South Drive #106
      Denver, Colorado 80231
      United States
      Email Address: XXXX
Correspondence Information (current):
      TAMARA PESTER
      PRIMARY EMAIL FOR CORRESPONDENCE: tamara@tamarapester.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Tamara Pester
      PRIMARY EMAIL FOR CORRESPONDENCE: tamara@tamarapester.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 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).


I hereby elect to by-pass any fee edit for an added class(es), because I believe the original fee payment was sufficient. I understand that the examining attorney could still, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature

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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. 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: /Tamara Pester/      Date: 06/19/2020
Signatory's Name: Tamara Pester
Signatory's Position: Attorney for Applicant, Colorado bar member
Signatory's Phone Number: 303-333-4696



Signature: /Tamara Pester/     Date: 06/19/2020
Signatory's Name: Tamara Pester
Signatory's Position: Attorney for Applicant, Colorado bar member

Signatory's Phone Number: 303-333-4696

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.

Mailing Address:    TAMARA PESTER
   TAMARA S. PESTER, LLC
   
   PO BOX 6601
   DENVER, Colorado 80206
Mailing Address:    Tamara Pester
   TAMARA S. PESTER, LLC
   PO BOX 6601
   DENVER, Colorado 80206
        
RAM Sale Number:
RAM Accounting Date:
        
Serial Number: 88942536
Internet Transmission Date: Fri Jun 19 13:31:31 ET 2020
TEAS Stamp: USPTO/PGP-XXX.XXX.XX.XXX-202006191331317
16585-88942536-71036dbe45bc78e3108f3bdfa
cacc987c90e590cbaa17235d29d1b94ce2bb97dd
-N/A-N/A-20200619132742739620