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. 88200615 COEN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88200615/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 hereby deletes the following class of goods/services from the application.
Class 040 for Winery services

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 033 for Wine; Wine coolers being drinks; Wine punch; Wine punches; Wine-based aperitifs; Wine-based beverage, namely, piquette; Wine-based drinks; Wines; Wines and fortified wines; Wines and liqueurs; Wines and sparkling wines; Acanthopanax wine (Ogapiju); Aperitif wines; Aperitifs with a wine base; Black raspberry wine (Bokbunjaju); Cooking wine; Dessert wines; Fortified wines; Fruit wine; Honey wine; Kits for making wine; Korean traditional rice wine (makgeoli); Mulled wine; Natural sparkling wines; Port wines; Prepared wine cocktails; Red wine; Red wines; Rose wine; Rose wines; Sparkling wines; Sparkling fruit wine; Sparkling grape wine; Sparkling red wines; Sparkling white wines; Still wine; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); White wine; White wines; Yellow rice wine
Original Filing Basis:
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: Wine; Wine coolers being drinks; Wines; Wine punch; Wines and sparkling wines; Wine punches; Fruit wine; Wine-based aperitifs; Honey wine; Wine-based beverage, namely, piquette; Natural sparkling wines; Wine-based drinks; Red wine; Red wines; Wines and fortified wines; Rose wine; Wines and liqueurs; Rose wines; Sparkling wines; Acanthopanax wine (Ogapiju); Sparkling fruit wine; Aperitif wines; Sparkling grape wine; Aperitifs with a wine base; Sparkling red wines; Black raspberry wine (Bokbunjaju); Sparkling white wines; Cooking wine; White wine; Dessert wines; White wines; Fortified wines; Kits for making wine; Korean traditional rice wine (makgeoli); Mulled wine; Port wines; Prepared wine cocktails; Still wine; Still wines; Strawberry wine; Sweet wines; Table wines; Tonic sweet grape wine containing extracts from ginseng and conchona bark (ninjin-kinatetsu wine); Yellow rice wineClass 033 for Wine; Wines; Wines and sparkling wines;Fruit wine; Honey wine; Natural sparkling wines; Red wine; Red wines; Rose wine; Rose wines; Sparkling wines; Sparkling fruit wine; Sparkling grape wine; Sparkling red wines; Sparkling white wines; White wine; White wines;
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.

Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 07/01/2019 and first used in commerce at least as early as 08/01/2019 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Coen apart from the mark as shown.


SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, BASED ON EVIDENCE
Coen has become distinctive of the goods/services, as demonstrated by the attached evidence.
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4

FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)

Signature: /hc/      Date: 08/29/2019
Signatory's Name: Hans Chang
Signatory's Position: owner
Signatory's Phone Number: 3467154267


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: /hc/      Date: 08/29/2019
Signatory's Name: Hans Chang
Signatory's Position: owner
Signatory's Phone Number: 3467154267


Response Signature
Signature: /hc/     Date: 08/29/2019
Signatory's Name: Hans Chang
Signatory's Position: Owner

Signatory's Phone Number: 3467154267

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
RAM Sale Number: 88200615
RAM Accounting Date: 08/29/2019
        
Serial Number: 88200615
Internet Transmission Date: Thu Aug 29 19:05:17 EDT 2019
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XXX-201908291905170
81079-88200615-6104f8f139e839d3d226c841e
d34ae79a35523628f77c495181bfc38734be1ae1
8-CC-05158885-20190829183529913250