TEAS Petition to Revive SOU

PTO- 2195

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

---

PTO- 2195

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 File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: CLARK GABLE(Standard Characters, see mark )
SERIAL NUMBER: 90359840

PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice of Allowance was received by applicant.

EXTENSION OF TIME AND STATEMENT OF USE
The owner proposes to amend the following:
Current: Gable, John Clark, having an address of
      30630 Morning View Drive
      Malibu, California 90265
      United States
      Email: XXXX
Proposed: Gable, John Clark, having an address of
      30630 Morning View Drive
      Malibu, California 90265
      United States
      Email: XXXX
Current: Gable, Debra, having an address of
      30630 Morning View Drive
      Malibu, California 90265
      United States
      Email: XXXX
Proposed: Gable, Debra, having an address of
      30630 Morning View Drive
      Malibu, California 90265
      United States
      Email: XXXX
requests revival of the application identified above, submits extension(s) of time and Statement of Use.   The Notice of Allowance mailing date was 05/17/2022.

The applicant is filing extension number(s): 1


For International Class 035:
Current identification: 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

The mark is in use in commerce on or in connection with all goods/services listed in the Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/28/2022, and first used in commerce at least as early as 01/28/2022, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) an example of the applicant's use of the mark on its website as used to advertising its celebrity licensing services.
Specimen File1

Webpage URL: http://clarkgableenterprises.com/licensing/
Webpage Date of Access: 02/01/2022
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 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).

A fee payment in the amount of $150 will be submitted with the form, representing payment for the petition to revive fee.

A fee payment in the amount of $125 will be submitted with the form, representing payment for the extension fee.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the total amount of $375 will be submitted.

Petition




Signature: /don thornburgh/ Date Signed: 01/09/2023
Signatory's Name: Don Thornburgh
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone: 818-790-6547
Declaration

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 all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and 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; that 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified 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; and that 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 Signed: 01/09/2023
Signatory's Name: Don Thornburgh
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone: 818-790-6547
Signature method: Signed directly within the form

Serial Number: 90359840
Internet Transmission Date: Mon Jan 09 16:42:23 ET 2023
TEAS Stamp: USPTO/PSE-XX.XXX.XXX.XXX-202301091642255
25349-90359840-850f5e186ffe7cfa12d984d63
b179173b323ff92c5571d76befa79d9f5b5cece2
c-CC-42230004-20230109163410612950