Section 7 Request

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 10/31/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 10/31/2021)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 2254664 ZWEIGLE'S (Stylized and/or with Design, see http://uspto.report/TM/75143352/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ZWEIGLE'S (Stylized and/or with Design, see http://uspto.report/TM/75143352/mark.png)
Proposed: ZWEIGLE'S (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the word ZWEIGLE'S in a stylized font inside of a shaded oval. The shaded oval is outlined by two more shaded ovals.

Registrant hereby submits a specimen for the mark that was in use in commerce on or before the filing date of this request. The specimen(s) submitted consists of photographs of the product package on which the mark is displayed. Specimen File1
Specimen File2

EXPLANATION OF FILING

On August 1, 1996, an application for registration of the ZWEIGLE'S design was filed.  The application was subsequently registered on June 22, 1999.  At that time, an applicant wanting to indicate shading in a mark was required to submit a drawing that included stippling to adhere to the USPTO's color lining system.  This system was however, deleted from the rule effective October 30, 1999.  Registrant asks that the Office amend this drawing so as to remove the stippling and instead show the shading to depict the registered mark to correspond with current USPTO guidelines.

CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: STEPHEN B. SALAI HARTER SECREST & EMERY LLP 1600 BAUSCH & LOMB PLACE ROCHESTER New York United States 14604
Proposed: Kimberly I. Shimomura of Harter Secrest & Emery LLP, having an address of 1600 Bausch & Lomb Place Rochester, New York United States 14604, whose e-mail address is kshimomura@hselaw.com; trademark@hselaw.com, whose phone number is 585-231-1382 and whose fax number is 585-232-2152.
The docket/reference number is 85951.000004.


FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
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 this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Kimberly I. Shimomura/      Date: 10/31/2018
Signatory's Name: Kimberly I. Shimomura
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone: 585-231-1382

Request Signature
Signature: /Kimberly I. Shimomura/     Date: 10/31/2018
Signatory's Name: Kimberly I. Shimomura
Signatory's Position: Attorney of Record, New York State bar member

Signatory's Phone: 5852311382

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the registrant in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    Kimberly I. Shimomura
   Harter Secrest & Emery LLP
   1600 Bausch & Lomb Place
   Rochester, New York 14604
        
RAM Sale Number: 2254664
RAM Accounting Date: 11/01/2018
        
Serial Number: 75143352
Internet Transmission Date: Wed Oct 31 17:05:43 EDT 2018
TEAS Stamp: USPTO/S7R-XX.XXX.XX.XXX-2018103117054398
6014-2254664-610744bc2e784c46b5debe41014
e15d98e6f18f4b1d9e923f89c3f525f51ef93d-D
A-4069-20181031134634185348