Section 7 Request

PTO Form 1597 (Rev 11/2007)

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

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PTO Form 1597 (Rev 11/2007)

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

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 2730862

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Cookware, namely fry pans, sauce pans, sauciers, tapered pans for concentrating liquids, saute pans, stock pots, casseroles, pasta cooking pots and colander inserts, brazier pans, roaster pans, stir fry pans, chef's pans, paella pans, omelette pans, au gratin pans, butter warmers, double boiler inserts and steamer inserts, and lids for all of the above, and griddle plates
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/17/2002 and first used in commerce at least as early as 06/17/2002, and is now in use in such commerce.

Proposed: Class 021 for Cookware, namely fry pans, sauce pans, sauciers, tapered pans for concentrating liquids, saute pans, stock pots, casseroles, pasta cooking pots and colander inserts, brazier pans, roaster pans, stir fry pans, chef's pans, paella pans, omelette pans, au gratin pans, butter warmers, double boiler inserts and steamer inserts, and lids for all of the above
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/17/2002 and first used in commerce at least as early as 06/17/2002, and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
We write in response to your correspondence concerning the above-captioned Registration No. 2,730,862 for COPPER CORE, which we received on November 6, 2009. While we appreciate receipt of the amended Certificate of Registration for COPPER CORE in which the hyphen between “Copper” and “Core” has been deleted, we note that the amended registration continues to list “griddle plates” in the identification of goods. Registrant, in its filing on June 24, 2009 specifically deleted these goods from the registration at the same time it had requested the Section 7 amendment to the mark. To the extent that the issuance of the initial amended Certificate of Registration was in error on the part of the PTO, no fees for this request have been attached. In view of the foregoing, Registrant respectfully requests an issuance of a second amended Certificate of (Supplemental) Registration for COPPER CORE that does not include “griddle plates.” An early action to that effect is earnestly requested. Respectfully submitted, THE WEBB LAW FIRM /jmp/ J. Matthew Pritchard, Reg. No. 46,228 Attorney of record, PA bar member


I hereby elect not to submit any fee. I believe no fee is required because I am seeking to correct an immaterial, e.g., clerical, error that was the fault of the USPTO, rather than the fault of the owner. I understand that the Office may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the post registration examiner could still, upon later review, require a signed declaration.
Request Signature
Signature: /jmp/     Date: 02/15/2010
Signatory's Name: J. Matthew Pritchard, Reg. No. 46,228 (0916-000719)
Signatory's Position: Attorney of record, PA bar member

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 registrant'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 registrant 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 registrant has filed a power of attorney appointing him/her in this matter; or (4) the registrant'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 registrant 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.

        
Serial Number: 76033675
Internet Transmission Date: Mon Feb 15 14:15:18 EST 2010
TEAS Stamp: USPTO/S7R-XX.XX.XXX.XXX-2010021514151850
7347-2730862-4603c70d522b87a324bc271b286
bbe4991-N/A-N/A-20100215141224241941