TEAS Petition to Revive Abandon Applic

PTO- 2194

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 2194

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 90090439 SOLA(Standard Characters, see http://uspto.report/TM/90090439/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

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for (Filed without Basis) Skateboard decks; Skateboard grip tapes; Skateboard trucks; Skateboard wheels; Skateboard wheels; Skateboards; Skateboards; Ball bearings for skateboards; Nuts and bolts for skateboards(Based on Use in Commerce) Longboard skateboard trucks; Longboard skateboard wheels; Longboard skateboards; Ski bindings; Ski bindings and parts therefor; Ski poles; Ski sticks; Skis; Snow skis(Based on Intent to Use) Sport balls; Sport fishing accessory, namely, a device which holds the lip of a fish caught by an angler for ease of landing, weighing and release; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sporting goods, namely, carriers specially adapted for sport balls; Sports apparatus, namely, ball pitching screens; Sports ball rebounders; Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Sports equipment, namely, inline roller skating wheels at the end of a crutch-like frame; Sports equipment, namely, lower body alignment apparatus; Sports equipment, namely, rotating interfaces specially adapted for attaching snowboards to bindings; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting baseballs and other sports equipment; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting tennis balls and other sports equipment; Sports equipment, namely, vibration dampeners for rackets; Sports field equipment, namely, corner flags; Sports field training grids; Sports fitness restraint straps for running in tandem or pairs; Sports training apparatus featuring a baseball bat, ball, and a tee for improving bats swings; Sports training apparatus, namely, ball return machines; Sports training apparatus, namely, pitching machines; Sports training apparatus, namely, soft toss pitching machines; Athletic sporting goods, namely, a life-size inflatable dummy with water-filled base, for use as target practice for kickboxing workouts; Athletic sporting goods, namely, adhesive tape for hockey stick and uniform support; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic sporting goods, namely, portable pitching mounds; Athletic sporting goods, namely, under-eye grease for reducing glare; Bags specially adapted for sports equipment; Balls for sports; Boards used in the practice of water sports; Camouflage screens; Cases in the form of quivers for sports implements; Cases specially adapted for sports equipment; Chest protectors for sports; Deck grips for sports equipment boards, namely, Ski and Skateboarding; Desktop toy sports games; Discuses for sports; Electronic golf ball dispensers; Electronic targets for games and sports; Foot straps for sports equipment boards, namely, Ski and Skateboarding; Gift baskets comprised primarily of imitation toys sports products, namely, toy game balls and accessories therefor; Gift baskets comprised primarily of toy imitation sporting goods, namely, toy game balls and accessories therefor; Golf ball dispensers; Grip tape for Skateboards; Gym chalk for improving hand grip in sports activities; Hand grips for Ski, Skateboards; Hand wraps for sports use; Handle grips for sporting equipment; Hurdles; Inflatable knockdown targets with weighted bases used for target practice and fitness training in youth sports programs; Javelins; Kidney belts for sports; Men's athletic supporters; Miniature toy sports games; Muscle training braces to be worn on the back for support when playing sports; Needles for pumps for inflating sports equipment; Nets for sports; Non-medicated topically applied ointment or gel for improving hand grip in sports activities; Outdoor activity game equipment sold as a unit comprising Ski and Skateboarding for playing games; Pads for use in Ski and Skateboarding; Posture correction device, namely, an adjustable harness to correct one's posture for sports or other physical training purposes; Protective cups for sports; Protective padding for playing Ski and Skateboarding; Protective supports for shoulders and elbows; Safety padding for use on walls of stadiums and field enclosures to prevent injury during sports events; Safety padding for Ski and Skateboarding; Self-powered water sports boards; Shin pads for use in sports; Shin pads for use in Ski and Skateboarding; Sleds being sports articles; Spring boards; Spring-activated spearguns being sports articles; Starting blocks for sports; Starting blocks for track sports; Storage apparatus comprising hooks, support arms, and shelving specially adapted for sports equipment; Storage racks for sporting goods in the nature of paint ball guns; Storage racks for physical fitness equipment, namely, Ski and Skateboarding; Storage racks for water sports equipment; Traction pads for sports equipment boards, namely, Ski and Skateboarding; Trolley bags specially adapted for sports equipment; Vertical wind tunnels for sporting and recreational purposes; Waist trimmer exercise belts being sports articles; Weight lifting belts; Wrestling rings being sports equipment
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: 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 07/01/2017 and first used in commerce at least as early as 07/01/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: (Filed without Basis) Skateboard decks; Skateboard grip tapes; Skateboard trucks; Skateboard wheels; Skateboard wheels; Skateboards; Skateboards; Ball bearings for skateboards; Nuts and bolts for skateboards(Based on Use in Commerce) Longboard skateboard trucks; Longboard skateboard wheels; Longboard skateboards; Ski bindings; Ski bindings and parts therefor; Ski poles; Ski sticks; Skis; Snow skis(Based on Intent to Use) Sport balls; Snow skis; Sport fishing accessory, namely, a device which holds the lip of a fish caught by an angler for ease of landing, weighing and release; Sporting goods and equipment for speed training, namely, rings, cones, speed ladders, coaching sticks, training arches, ankle bands, resistance chutes, hurdles; Sporting goods, namely, carriers specially adapted for sport balls; Sports apparatus, namely, ball pitching screens; Sports ball rebounders; Sports equipment for boxing and martial arts, namely, boxing gloves, boxing bags, punching mitts, belly protectors, groin protectors and shin guards; Sports equipment for boxing and martial arts, namely, boxing gloves, mixed martial arts gloves, punching mitts, and shin guards; Sports equipment for boxing, martial arts, and the like, namely, an apparatus to support a moving heavy bag; Sports equipment for boxing, martial arts, and the like, namely, protective bras; Sports equipment, namely, inline roller skating wheels at the end of a crutch-like frame; Sports equipment, namely, lower body alignment apparatus; Sports equipment, namely, rotating interfaces specially adapted for attaching snowboards to bindings; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting baseballs and other sports equipment; Sports equipment, namely, telescoping caddy for bucket for carrying, storing and transporting tennis balls and other sports equipment; Sports equipment, namely, vibration dampeners for rackets; Sports field equipment, namely, corner flags; Sports field training grids; Sports fitness restraint straps for running in tandem or pairs; Sports training apparatus featuring a baseball bat, ball, and a tee for improving bats swings; Sports training apparatus, namely, ball return machines; Sports training apparatus, namely, pitching machines; Sports training apparatus, namely, soft toss pitching machines; Athletic sporting goods, namely, a life-size inflatable dummy with water-filled base, for use as target practice for kickboxing workouts; Athletic sporting goods, namely, adhesive tape for hockey stick and uniform support; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, athletic wrist and joint supports; Athletic sporting goods, namely, portable pitching mounds; Athletic sporting goods, namely, under-eye grease for reducing glare; Bags specially adapted for sports equipment; Balls for sports; Boards used in the practice of water sports; Camouflage screens; Cases in the form of quivers for sports implements; Cases specially adapted for sports equipment; Chest protectors for sports; Deck grips for sports equipment boards, namely, Ski and Skateboarding; Desktop toy sports games; Discuses for sports; Electronic golf ball dispensers; Electronic targets for games and sports; Foot straps for sports equipment boards, namely, Ski and Skateboarding; Gift baskets comprised primarily of imitation toys sports products, namely, toy game balls and accessories therefor; Gift baskets comprised primarily of toy imitation sporting goods, namely, toy game balls and accessories therefor; Golf ball dispensers; Grip tape for Skateboards; Gym chalk for improving hand grip in sports activities; Hand grips for Ski, Skateboards; Hand wraps for sports use; Handle grips for sporting equipment; Hurdles; Inflatable knockdown targets with weighted bases used for target practice and fitness training in youth sports programs; Javelins; Kidney belts for sports; Men's athletic supporters; Miniature toy sports games; Muscle training braces to be worn on the back for support when playing sports; Needles for pumps for inflating sports equipment; Nets for sports; Non-medicated topically applied ointment or gel for improving hand grip in sports activities; Outdoor activity game equipment sold as a unit comprising Ski and Skateboarding for playing games; Pads for use in Ski and Skateboarding; Posture correction device, namely, an adjustable harness to correct one's posture for sports or other physical training purposes; Protective cups for sports; Protective padding for playing Ski and Skateboarding; Protective supports for shoulders and elbows; Safety padding for use on walls of stadiums and field enclosures to prevent injury during sports events; Safety padding for Ski and Skateboarding; Self-powered water sports boards; Shin pads for use in sports; Shin pads for use in Ski and Skateboarding; Sleds being sports articles; Spring boards; Spring-activated spearguns being sports articles; Starting blocks for sports; Starting blocks for track sports; Storage apparatus comprising hooks, support arms, and shelving specially adapted for sports equipment; Storage racks for sporting goods in the nature of paint ball guns; Storage racks for physical fitness equipment, namely, Ski and Skateboarding; Storage racks for water sports equipment; Traction pads for sports equipment boards, namely, Ski and Skateboarding; Trolley bags specially adapted for sports equipment; Vertical wind tunnels for sporting and recreational purposes; Waist trimmer exercise belts being sports articles; Weight lifting belts; Wrestling rings being sports equipmentClass 028 for (Filed without Basis) Skateboard decks; Skateboard grip tapes; Skateboard trucks; Skateboard wheels; Skateboard wheels; Skateboards; Skateboards; Ball bearings for skateboards; Nuts and bolts for skateboards(Based on Use in Commerce) Longboard skateboard trucks; Longboard skateboard wheels; Longboard skateboards; Ski bindings; Ski bindings and parts therefor; Ski poles; Ski sticks; Skis; Snow skis
Deleted Filing Basis: 1(b)
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 07/01/2017 and first used in commerce at least as early as 07/01/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028. The specimen(s) submitted consists of The specimen consists of the word mark imprinted on the product and product packaging..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7


Webpage URL: None Provided
Webpage Date of Access: None Provided

The owner's/holder's proposed attorney information: Clement Cheng. Clement Cheng of Newhope Law, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4522 Katella Avenue, 200
      Los Alamitos, California 90720
      United States
is appointed to submit this Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action on behalf of the applicant.
      The phone number is 7148250555.
      The email address is law@clemcheng.com

Clement Cheng 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):
      YEH, CHUN FU
      PRIMARY EMAIL FOR CORRESPONDENCE: jeffyeh@yocaher.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@yocaher.com
Correspondence Information (proposed):
      Clement Cheng
      PRIMARY EMAIL FOR CORRESPONDENCE: law@clemcheng.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@yocaher.com

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 $150 is being submitted.

SIGNATURE(S)

Signature: /Clement Cheng/      Date: 07/05/2021
Signatory's Name: Clement Cheng
Signatory's Position: Attorney
Signatory's Phone Number: 7148250555


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: /YEH, CHUN FU/      Date: 07/05/2021
Signatory's Name: YEH, CHUN FU
Signatory's Position: Owner
Signatory's Phone Number: 7148250555

Signature method: Signed directly within the form

Response Signature
Signature: /YEH, CHUN FU/     Date: 07/05/2021
Signatory's Name: YEH, CHUN FU
Signatory's Position: Owner

Signatory's Phone Number: (714) 825-0555 Signature method: Signed directly within the form

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.

Mailing Address:    YEH, CHUN FU
   
   14455 RAMONA AVE. STE D, CHINO, CA 91710
   14455 RAMONA AVE. STE D
   CHINO, California 91710
Mailing Address:    Clement Cheng
   Newhope Law, PC
   4522 Katella Avenue, 200
   Los Alamitos, California 90720
        
PAYMENT: 90090439
PAYMENT DATE: 07/06/2021
        
Serial Number: 90090439
Internet Transmission Date: Mon Jul 05 14:07:04 ET 2021
TEAS Stamp: USPTO/POA-XX.XXX.XXX.XXX-202107051407041
99990-90090439-780b6ca48907fb8ffec963121
79e16f52a599b75d4c239a157fa2876dcd092fb-
CC-07004936-20210705134404010292