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

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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: DRYWRAP(Standard Characters, see mark )
SERIAL NUMBER: 90852522

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: Mysa, LLC, having an address of
      c/o Dinsmore & Shohl, LLP
      900 Wilshire Drive, Suite 300
      Troy, Michigan 48084
      United States
      Phone: 248-647-6000
      Fax: 248-647-5210
      Email: XXXX
Proposed: Mysa, LLC, having an address of
      Dinsmore & Shohl, LLP; Suite 300
      900 Wilshire Drive
      Troy, Michigan 48084
      United States
      248-647-6000
      248-647-5210
      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 11/29/2022.

The applicant is filing extension number(s): 1


For International Class 024:
Current identification: Towels, namely, hair wrap towels, turban towel wraps

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 05/26/2022, and first used in commerce at least as early as 07/08/2022, 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) photos of the product package and product tag, prominently bearing the mark in connection with the goods.
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided
MISCELLANEOUS STATEMENTS
Signatory has firsthand knowledge that the failure to file a Statement of Use or Extension Request by the specific deadline was unintentional, and was due to the confusion caused by the USPTO issuing two (2) Notices of Allowance in this matter due to a technical glitch; the second Notice of Allowance being issued after applicant had already filed a Statement of Use after the first Notice of Allowance was issued. As such, applicant requests the USPTO to revive the abandoned application. Attached is Applicant's confirmation of filing receipt from the USPTO date stamped October 14, 2022 for the originally filed Statement of Use after the first Notice of Allowance was issued

Original PDF file:
MISC-661926434-2023082315 1856790803_._RAP__US__908 52522__Confirmation_of_Fi ling_-_Statement_of_Use.pdf
Converted PDF file(s) (6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Correspondence Information
      Gary W. Donohue
      PRIMARY EMAIL FOR CORRESPONDENCE: Gary.Donohue@dinsmore.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@dinsmore.com; shelly.burchfield@dinsmore.com

The docket/reference number is MYSA0008TA.

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: /gary.w.donohue/ Date Signed: 08/23/2023
Signatory's Name: Gary W. Donohue
Signatory's Position: Attorney of Record - Michigan Bar Member
Signatory's Phone: 248-647-6000
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: /gary.w.donohue/ Date Signed: 08/23/2023
Signatory's Name: Gary W. Donohue
Signatory's Position: Attorney of Record - Michigan Bar Member
Signatory's Phone: 248-648-6000
Signature method: Sent to third party for signature

Serial Number: 90852522
Internet Transmission Date: Wed Aug 23 15:59:37 ET 2023
TEAS Stamp: USPTO/PSE-XX.XXX.XX.XX-20230823155938860
424-90852522-850bb2d2a5e583da75baf56f4de
deca3fccb518a524525f3d8ea768337d17ca1e-C
C-59378407-20230823153936401986