PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2455086
REGISTRATION DATE: 05/29/2001

MARK: BARNEY

The owner, Lyons Partnership, L.P., a limited partnership legally organized under the laws of Texas, having an address of
      830 South Greenville Avenue
      Allen, Texas 75002
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 003, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.

For International Class 008, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.

For International Class 010, the mark is in use in commerce on or in connection with all goods or services listed in the existing registration for this specific class: baby pacifiers ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) product packaging.
Specimen File1

For International Class 014, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.

For International Class 016, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  and tote bags containing arts and crafts materials, namely, art paper, paint kits, feathers, paper plates, pieces of cloth, sequins, wooden sticks, yarn and the like, and instruction booklets.

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: paper goods, namely, activity books, magazines for entertaining and educating children, posters, stickers, printed charts, greeting cards, post cards, trading cards, gift wrapping paper; plates, cups and paper napkins, sold as a unit and as a part of birthday party packs; paper napkins sold individually

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) card.
Specimen File1

For International Class 018, the mark is in use in commerce on or in connection with all goods or services listed in the existing registration for this specific class: handbags, umbrellas, back packs, luggage, tote bags, beach bags, synthetic fabrich lunch bags, and wallets ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) luggage.
Specimen File1

For International Class 020, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.

For International Class 021, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  plastic bathroom accessories, namely, toothbrushes, wastebaskets, holders for facial tissues, holders for toothbrushes, and pump bottles dispensers for liquid soap or similar household products; metal cake pans, and cookie cutters.

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: cups and plates made of melamine resin; plastic bottles for holding beverages, drinking glasses, paper plates and cups, lunch boxes, thermal insulated containers for food or beverage

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Product packaging for cups.
Specimen File1
Specimen File2

For International Class 024, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  bed sheets, pillow cases, comforters, bath towels, beach towels, draperies and shower curtains

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: bed blankets

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) blanket and close up of tag on blanket.
Specimen File1
Specimen File2

For International Class 028, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  hand puppets, infant rattles,

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: cloth dolls, molded plastic toy figurines, jigsaw puzzles, board games, soft sculpted dinosaurs made of vinyl, card games, battery-operated action toys, ride-on toys, toy vehicles, and Christmas tree ornaments.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) product packaging.
Specimen File1

For International Class 041, the mark is in use in commerce on or in connection with all goods or services listed in the existing registration for this specific class: educational and entertainment services for children, namely, production of a series of programs for television audiences and live performances and personal appearances by a costumed character ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) screen shot from program.
Specimen File1
The registrant's current Attorney Information: Marsha K. Hoover of  DAVIS MCGRATH LLC
      125 S. WACKER DRIVE, SUITE 1700
      CHICAGO, Illinois (IL) 60606
      United States (USX)

The registrant's proposed Attorney Information: Kevin A. Thompson of  DAVIS MCGRATH LLC
      125 S. WACKER DRIVE, SUITE 1700
      CHICAGO, Illinois (IL) 60606
      United States (USX)


The phone number is 312 332 3033.

The fax number is 312 332 6376.

The email address is trademarks@davismcgrath.com.
The registrant's current Correspondence Information: MARSHA K. HOOVER of  DAVIS MCGRATH LLC
      125 S. WACKER DRIVE, SUITE 1700
      CHICAGO, Illinois (IL) 60606
      United States (USX)

The registrant's proposed Correspondence Information: Kevin A. Thompson of  DAVIS MCGRATH LLC
      125 S. WACKER DRIVE, SUITE 1700
      CHICAGO, Illinois (IL) 60606
      United States (USX)


The phone number is 312 332 3033.

The fax number is 312 332 6376.

The email address is trademarks@davismcgrath.com.

A fee payment in the amount of $3500 will be submitted with the form, representing payment for 7 class(es), plus any additional grace period fee, if necessary.

Declaration



Original PDF file:
hw_12233219122-154748199_._2011_05_26_signature_page.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Joseph P. Salvo
Signatory's Position: Secretary

Mailing Address (current):
   DAVIS MCGRATH LLC
   125 S. WACKER DRIVE, SUITE 1700
   CHICAGO, Illinois 60606

Mailing Address (proposed):
   DAVIS MCGRATH LLC
   125 S. WACKER DRIVE, SUITE 1700
   CHICAGO, Illinois 60606

Serial Number: 75979265
Internet Transmission Date: Thu May 26 16:01:58 EDT 2011
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XXX-201105261601
58539665-2455086-4809539c07365ee0ca5905d
9f48b0515d-ET-2859-20110526154748199090