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. 90359840 CLARK GABLE(Standard Characters, see http://uspto.report/TM/90359840/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 hereby deletes the following class of goods/services from the application.
Class 041 for Celebrity licensing services; Celebrity licensing services, namely, commercial administration of intellectual property in the nature of licensing of publicity to the use of the celebrity name Clark Gable and his image, likeness and signature; Providing commercial administration of licensing and promotional services for the literary, theatrical and cinematic works, as well as the name and likeness, of the late artist and performer William Clark Gable; Commercial administration of historical figure licensing and promotional services; Historical figure licensing services

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 041 ) for Celebrity licensing services, namely, promotional advertising of products and services of third parties through sponsoring arrangements and license agreements relating to a variety of consumer goods and services of such third parties; Celebrity licensing services, namely, commercial administration of intellectual property in the nature of licensing of publicity to the use of the celebrity name Clark Gable and his image, likeness and signature; Providing commercial administration of licensing and promotional services for the literary, theatrical and cinematic works, as well as the name and likeness, of the late artist and performer William Clark Gable; Commercial administration of historical figure licensing and promotional services; Historical figure licensing services
Filing Basis: Section 1(b), Intent to Use: 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 or 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. 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.

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

Correspondence Information (current):
      DON THORNBURGH
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto@donthornburgh.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Don Thornburgh
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto@donthornburgh.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).
FEE(S)
Fee(s) in the amount of $150 is being submitted.

SIGNATURE(S)

Signature: /don thornburgh/      Date: 02/01/2022
Signatory's Name: Don Thornburgh
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 818-790-6547


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: /don thornburgh/      Date: 02/01/2022
Signatory's Name: Don Thornburgh
Signatory's Position: Attorney of Record, Attorney of Record
Signatory's Phone Number: 818-790-6547

Signature method: Signed directly within the form

Response Signature
Signature: /don thornburgh/     Date: 02/01/2022
Signatory's Name: Don Thornburgh
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 818-790-6547 Signature method: Signed directly within the form

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:    DON THORNBURGH
   DON THORNBURGH LAW CORPORATION
   
   466 FOOTHILL BLVD. #220
   LA CANADA FLINTRIDGE, California 91011
Mailing Address:    Don Thornburgh
   DON THORNBURGH LAW CORPORATION
   466 FOOTHILL BLVD. #220
   LA CANADA FLINTRIDGE, California 91011
        
PAYMENT: 90359840
PAYMENT DATE: 02/01/2022
        
Serial Number: 90359840
Internet Transmission Date: Tue Feb 01 17:00:00 ET 2022
TEAS Stamp: USPTO/POA-XX.XX.XXX.XX-20220201170000921
812-90359840-800fbba6321731eb91471f175cd
df8da161ac2f286aef63b4d15c57da3d5505c-CC
-59573788-20220201163019742561