TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 88976582 ARTIKA(Standard Characters, see http://uspto.report/TM/88976582/mark.png) has been amended as follows:
CANCELLATION PROCEEDING(S)
Cancellation No(s). 92073192 has/have been terminated. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.
Comment(s)/Remark(s):

Madam, Sir, Further to your Suspension Notice issued on February 5, 2020, we respectfully submit that the Cancellation proceeding No. 92073192 is now terminated. Applicant submits that this application is in condition for publication. Best regards.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for (Based on 44(e)) (Based on Intent to Use) Medicine cabinets; bathroom mirrors; towel racks; kitchen cabinets; bathroom cabinets; shower rods
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant has made of record the following information concerning a foreign application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number __________ filed __________ ].

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA911,366 registered 08/17/2015 with a renewal date of __________ and an expiration date of 08/17/2030 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 020 for (Based on 44(e)) (Based on Intent to Use) Medicine cabinets; bathroom mirrors; towel racks; kitchen cabinets; bathroom cabinets; shower rods
Deleted Filing Basis: 1(b)
Applicant has made of record the following information concerning a foreign application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number __________ filed __________ ].

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ Canada registration number TMA911,366 registered 08/17/2015 with a renewal date of __________ and an expiration date of 08/17/2030 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for (Based on Use in Commerce) Shower caddies; soap dispensers; paper towel holders for household use; toilet paper holders; laundry rinsing tub
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2014 and first used in commerce at least as early as 12/31/2015, and is now in use in such commerce.

Applicant has made of record the following information concerning a foreign application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number __________ filed __________ ].

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA911,366 registered 08/17/2015 with a renewal date of __________ and an expiration date of 08/17/2030 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 021 for (Based on Use in Commerce) Shower caddies; soap dispensers; paper towel holders for household use; toilet paper holders; laundry rinsing tub
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/2014 and first used in commerce at least as early as 12/31/2015, and is now in use in such commerce.
Applicant has made of record the following information concerning a foreign application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number __________ filed __________ ].

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ Canada registration number TMA911,366 registered 08/17/2015 with a renewal date of __________ and an expiration date of 08/17/2030 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.


APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ARTIKA FOR LIVING INC., a corporation of Canada, having an address of
      563 Ave. Lepine
      Dorval, H9P2R2
      Canada
Proposed: ARTIKA FOR LIVING INC., a corporation of Canada, having an address of
      563 Ave. Lepine
      Dorval, H9P2R2
      Canada
      Email Address: XXXX

The owner's/holder's current attorney information: Bradley M. Stohry. Other appointed attorneys are Bradley M. Stohry. Bradley M. Stohry of Reichel Stohry Dean LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      212 West 10th St., Suite A-285
      Indianapolis, Indiana
      United States
The docket/reference number is 11746-195.

The phone number is 317 423 8820.

The email address is brad@rsindy.com

The owner's/holder's proposed attorney information: Bradley M. Stohry. Recognized Canadian attorney(s)/agent(s) is/are Robert Brouillette, Philippe Brouillette, Stéphanie Brouillette, Edith-Julie Arseneault. Bradley M. Stohry of Reichel Stohry Dean LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      212 West 10th St., Suite A-285
      Indianapolis, Indiana 46202
      United States
The docket/reference number is 11746-195.

The phone number is 317 423 8820.

The email address is marques@brouillette.ca

Bradley M. Stohry submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Bradley M. Stohry
      PRIMARY EMAIL FOR CORRESPONDENCE: marques@brouillette.ca
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brad@rsindy.com

The docket/reference number is 11746-195.
Correspondence Information (proposed):
      Bradley M. Stohry
      PRIMARY EMAIL FOR CORRESPONDENCE: marques@brouillette.ca
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brad@rsindy.com; docket@rsindy.com

The docket/reference number is 11746-195.

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).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; 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 use of the mark in commerce as of the application or AAU 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. 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /bms/    Date: 08/14/2020
Signatory's Name: Bradley M. Stohry
Signatory's Position: Attorney of record, Indiana bar member
Signatory's Phone Number: 3175012891

Response Suspension Inquiry Signature
Signature: /bms/     Date: 08/14/2020
Signatory's Name: Bradley M Stohry
Signatory's Position: Attorney of record, Indiana bar member
Signatory's Phone Number: 3175012891

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:    Bradley M. Stohry
   Reichel Stohry Dean LLP
   
   212 West 10th St., Suite A-285
   Indianapolis, Indiana
Mailing Address:    Bradley M. Stohry
   Reichel Stohry Dean LLP
   212 West 10th St., Suite A-285
   Indianapolis, Indiana 46202
        
Serial Number: 88976582
Internet Transmission Date: Fri Aug 14 14:18:49 ET 2020
TEAS Stamp: USPTO/RSI-XX.XXX.XXX.XXX-202008141418495
82650-88976582-74074c5b510aeade24213eeaa
860fddbb63dac37cd7d538529a881af1e3561af-
N/A-N/A-20200814133540196581