| PTO- 2306 |
| Approved for use through 09/30/2021. OMB 0651-0061 |
| 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 |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 90685301 |
| MARK SECTION | |
| MARK FILE NAME | |
| LITERAL ELEMENT | VERTEX |
| FORM TEXT | |
|
Comes now Applicant, pursuant to 37 C.F.R. § 2.146(a)(3), and petitions the Commissioner to invoke supervisory authority to make the above-captioned trademark application “special” for the purpose of expedited examination. The trademark rules allow the Commissioner to designate a registration application as “special” under appropriate circumstances (37 C.F.R. § 2.146). Applicant recognizes that making an application "special" is an extraordinary remedy, and respectfully submits that such circumstances are present in the current application for the reasons explained below. T.M.E.P. § 1710.01 states: “The most common reasons for granting petitions to make ‘special’ are the existence of actual or threatened infringement, or pending litigation . . . .” Required Elements of Petition to Make Special: According to T.M.E.P. § 1710: “A petition to make ‘special’ must be accompanied by: (1) the fee required by 37 C.F.R. § 2.6; (2) an explanation of why special action is requested; and (3) a statement of facts that shows that special action is justified . . . supported by an affidavit or declaration under 37 C.F.R. § 2.20.” Requirement (1): According to the first requirement of T.M.E.P. § 1710, payment in the amount of $250.00 to cover the Petition fee accompanies this petition, as required by 37 C.F.R. § 2.6(a)(15), to secure consideration of this petition. Requirements (2) and (3)(supported by attached declaration under 37 C.F.R. § 2.20): According to the second and third requirements of T.M.E.P. § 1710, Applicant provides the following statement of facts (and the attached additional facts by declaration), and requests the above-captioned application be made special for the following reasons. Applicant has discovered and has gathered tangible evidence in support of, and therefore submits upon information and belief, that an issue of threatened infringement or a possible risk of infringement exists which could possibly lead to litigation, and could possibly lead to a loss of substantial rights, if examination of the above-captioned application is not accelerated. Applicant believes that the threatened infringement issue, if it continues, could possibly cause damage to Applicant’s existing business and to Applicant’s business opportunities, and that such damage could be alleviated by expediting the examination of the above-captioned application pursuant to this petition, and thereby accelerating my company’s (i.e. applicant’s) ability to enforce the mark of the above-captioned application with the added benefits of federal registration, and/or accelerate the date by which any registration resulting from the above-captioned application might achieve incontestable status. In support of the foregoing facts, a declaration under 37 C.F.R. § 2.20 accompanies this petition. Applicant respectfully requests that the above-captioned application be made special accordingly. The Commissioner is hereby authorized to charge any additional fee or to credit any overpayment in connection with this Petition to Make Special to Deposit Account No. 50-0881. If any impediment to treating this application as “special” remains after review of this petition, and such impediment might be alleviated by a telephone interview, the office is invited to initiate the same with the undersigned at 801-478-0071. |
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| ATTACHMENT(S) | |
| ORIGINAL PDF FILE | ker_Declaration_for_Petition_to_make_special__signed_5-4-21__2021447125740.pdf |
| CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT18\IMAGEOUT18\906\853\90685301\xml2\PMS0002.jpg |
| \\TICRS\EXPORT18\IMAGEOUT18\906\853\90685301\xml2\PMS0003.jpg | |
| OWNER SECTION (Current) | |
| NAME | Vertex Construction, Inc |
| MAILING ADDRESS | 3809 South 300 West |
| CITY | Salt Lake City |
| STATE | Utah |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| ZIP/POSTAL CODE | 84115 |
| XXXX | |
| OWNER SECTION (Proposed) | |
| NAME | Vertex Construction, Inc |
| MAILING ADDRESS | 3809 South 300 West |
| CITY | Salt Lake City |
| STATE | Utah |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| ZIP/POSTAL CODE | 84115 |
| XXXX | |
| ATTORNEY INFORMATION (current) | |
| NAME | Karl R. Cannon |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | MORRISS O'BRYANT COMPAGNI CANNON, PLLC |
| STREET | 4505 S WASATCH BLVD, SUITE 270 |
| CITY | SALT LAKE CITY |
| STATE | Utah |
| POSTAL CODE | 84124 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 801-478-0071 |
| FAX | 801-478-0076 |
| docket@mocclaw.com | |
| DOCKET/REFERENCE NUMBER | 6759.VERT.SM |
| ATTORNEY INFORMATION (proposed) | |
| NAME | Karl R. Cannon |
| ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
| YEAR OF ADMISSION | XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
| FIRM NAME | MORRISS O'BRYANT COMPAGNI CANNON, PLLC |
| STREET | 4505 S WASATCH BLVD, SUITE 270 |
| CITY | SALT LAKE CITY |
| STATE | Utah |
| POSTAL CODE | 84124 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | United States |
| PHONE | 801-478-0071 |
| FAX | 801-478-0076 |
| docket@mocclaw.com | |
| DOCKET/REFERENCE NUMBER | 6759.VERT.SM |
| CORRESPONDENCE INFORMATION (current) | |
| NAME | KARL R. CANNON |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | docket@mocclaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | kcannon@mocclaw.com |
| DOCKET/REFERENCE NUMBER | 6759.VERT.SM |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Karl R. Cannon |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | docket@mocclaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | kcannon@mocclaw.com |
| DOCKET/REFERENCE NUMBER | 6759.VERT.SM |
| PAYMENT SECTION | |
| NUMBER OF CLASSES | 1 |
| PETITION TO DIRECTOR FEE | 250 |
| TOTAL FEES DUE | 250 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Karl R. Cannon/ |
| SIGNATORY'S NAME | Karl R. Cannon |
| SIGNATORY'S POSITION | Attorney of record, Utah Bar member |
| SIGNATORY'S PHONE NUMBER | 801-478-0071 |
| DATE SIGNED | 05/04/2021 |
| SIGNATURE METHOD | Signed directly within the form |
| SUBMISSION SIGNATURE | /Karl R. Cannon/ |
| SIGNATORY'S NAME | Karl R. Cannon |
| SIGNATORY'S POSITION | Attorney of record, Utah Bar member |
| SIGNATORY'S PHONE NUMBER | 801-478-0071 |
| DATE SIGNED | 05/04/2021 |
| ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
| SIGNATURE METHOD | Signed directly within the form |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 04 19:16:37 ET 2021 |
| TEAS STAMP | USPTO/PMS-XX.XXX.X.XXX-20 210504191637689083-906853 01-20210504132747799398-C C-16344559-20210504132747 799398 |
| PTO- 2306 |
| Approved for use through 09/30/2021. OMB 0651-0061 |
| 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 |
Comes now Applicant, pursuant to 37 C.F.R. § 2.146(a)(3), and petitions the Commissioner to invoke supervisory authority to make the above-captioned trademark application “special” for the purpose of expedited examination.
The trademark rules allow the Commissioner to designate a registration application as “special” under appropriate circumstances (37 C.F.R. § 2.146). Applicant recognizes that making an application "special" is an extraordinary remedy, and respectfully submits that such circumstances are present in the current application for the reasons explained below. T.M.E.P. § 1710.01 states: “The most common reasons for granting petitions to make ‘special’ are the existence of actual or threatened infringement, or pending litigation . . . .”
Required Elements of Petition to Make Special: According to T.M.E.P. § 1710: “A petition to make ‘special’ must be accompanied by: (1) the fee required by 37 C.F.R. § 2.6; (2) an explanation of why special action is requested; and (3) a statement of facts that shows that special action is justified . . . supported by an affidavit or declaration under 37 C.F.R. § 2.20.”
Requirement (1): According to the first requirement of T.M.E.P. § 1710, payment in the amount of $250.00 to cover the Petition fee accompanies this petition, as required by 37 C.F.R. § 2.6(a)(15), to secure consideration of this petition.
Requirements (2) and (3)(supported by attached declaration under 37 C.F.R. § 2.20): According to the second and third requirements of T.M.E.P. § 1710, Applicant provides the following statement of facts (and the attached additional facts by declaration), and requests the above-captioned application be made special for the following reasons. Applicant has discovered and has gathered tangible evidence in support of, and therefore submits upon information and belief, that an issue of threatened infringement or a possible risk of infringement exists which could possibly lead to litigation, and could possibly lead to a loss of substantial rights, if examination of the above-captioned application is not accelerated. Applicant believes that the threatened infringement issue, if it continues, could possibly cause damage to Applicant’s existing business and to Applicant’s business opportunities, and that such damage could be alleviated by expediting the examination of the above-captioned application pursuant to this petition, and thereby accelerating my company’s (i.e. applicant’s) ability to enforce the mark of the above-captioned application with the added benefits of federal registration, and/or accelerate the date by which any registration resulting from the above-captioned application might achieve incontestable status. In support of the foregoing facts, a declaration under 37 C.F.R. § 2.20 accompanies this petition. Applicant respectfully requests that the above-captioned application be made special accordingly.
The Commissioner is hereby authorized to charge any additional fee or to credit any overpayment in connection with this Petition to Make Special to Deposit Account No. 50-0881.
If any impediment to treating this application as “special” remains after review of this petition, and such impediment might be alleviated by a telephone interview, the office is invited to initiate the same with the undersigned at 801-478-0071.
