Petition to Director Received

PTO- 2301

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- 2301

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 Director

To the Commissioner for Trademarks:

Application serial no. 97739433 THE LOFT(Standard Characters, see http://uspto.report/TM/97739433/mark.png) has been amended as follows: PETITION
Petition Statement
I am filing a petition to reverse the holding of abandonment for incomplete response.

EXPLANATION OF FILING
I received a letter stating that my Trademark registration was being abandoned because your office did not receive requested information that you had asked for. On 11/21/23 my attorney sent an email to the assigned Trademark lawyer stating that they were no longer representing me . Your lawyer, Geoffrey Fosdick insists he never received the email nor did he see any submitted information your office requested, which I also did on 11/21/23. I have attached copy of email sent from my previous lawyer to Geoffrey Fosdick which shows the date as I explained. Also attached is a specimen that I also had attached to my corrected paperwork , online at your site, on 11/21/23. I also had submitted change of Estate designation on 11/21/23: "The executor of the David Mancuso Estate, a New York Estate, comprising Richard D Horstman ll, a U.S. citizen" ( that is the way your lawyer, Geoffrey Fosdick, told me to write it , word for word) I called your Assistance phone number and a worker aided me in removing my previous lawyer from my Trademark info. I would ask that you please assist me in correcting this error removing the abandoned status.

EVIDENCE

Evidence-1
Evidence-2

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: The Administrator of the David Mancuso Estate, an estate legally organized under the laws of New York, comprising of Richard D Horstman II, having an address of

            Richard D Horstman II      925 Rutger Street
      Utica, New York 13501
      United States
      Email Address: XXXX
      315-725-7699
Proposed:Horstman ll, Richard D, a citizen of United States, having an address of

      Richard D Horstman II
      925 Rutger Street
      Utica, New York 13501
      United States
      Email Address: XXXX
      315-725-7699
Correspondence Information (current)
      The Administrator of the David Mancuso Estate
      PRIMARY EMAIL FOR CORRESPONDENCE: uticabutt@ymail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mwasserman@muchmorelaw.com; uticabutt@ymail.com

The docket/reference number is 97739433.
Correspondence Information (proposed)
      Horstman ll, Richard D
      PRIMARY EMAIL FOR CORRESPONDENCE: uticabutt@ymail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): uticabutt@ymail.com

The docket/reference number is 97739433.

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 $250 is being submitted.

SIGNATURE(S)
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: /Richard D Horstman ll/      Date: 03/04/2024
Signatory's Name: /Richard D Horstman ll/
Signatory's Position: Owner
Signatory's Phone Number: 3157257699

Signature method: Signed directly within the form


Signature: /Richard D Horstman ll/      Date: 03/04/2024
Signatory's Name: Richard D Horstman
Signatory's Position: Owner
Signatory's Phone Number: 3157257699

Signature method: Signed directly within the form


Signature: /Richard D Horstman ll/     Date: 03/04/2024
Signatory's Name: /Richard D Horstman ll/
Signatory's Position: Owner

Signatory's Phone Number: 3157257699 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by either an authorized attorney, and that he/she is either: (1) the petitioner; 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:    The Administrator of the David Mancuso Estate
   
   Richard D Horstman II
   925 Rutger Street
   Utica, New York 13501
Mailing Address:    Horstman ll, Richard D
   
   Richard D Horstman II
   925 Rutger Street
   Utica, New York 13501
        
PAYMENT: 97739433
PAYMENT DATE: 03/04/2024
        
Serial Number: 97739433
Internet Transmission Date: Mon Mar 04 13:25:32 ET 2024
TEAS Stamp: USPTO/PGP-XX.XXX.XXX.XX-2024030413253431
9661-97739433-860121a3370fa5e27497462d31
b1f816ad0dd9ab99fa5bbdadd3c3abf2eb9aa-CC
-25327518-20240304131600608103