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. 2777504 CONGO

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Woodguard, Inc., a corporation of California, having an address of
      1325 E. Baseline, Unit B
      San Bernardino, California 92410
      United States
Proposed: Abode Lumber Corporation, a corporation of California, having an address of

      1325 E. Baseline, Unit B
      San Bernardino, California 92410
      United States

ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
Pursuant to Section 7 of the Trademark Act, Abode Lumber Corporation respectfully requests the United States Patent and Trademark Office ("USPTO") amend the referenced United States Trademark Reg. No. 2,777,504 ("the '504 Registration") to state the registrant's correct legal name. The USPTO may make a correction to a registration in appropriate cases, upon written request by the owner of the registration. TMEP 1609.10(b). This Request is made concurrently with the filing of a Combined Declaration Under Section 8 and 15 for the '504 Registration. The requester also concurrently files a Declaration by Don Kain in support of the Request for correction of the '504 Registration. Mr. Kain is president of Abode Lumber Corporation, a California corporation, having a principal place of business located at 1375 East Baseline, Unit B, San Bernardino, California 92410 ("the Company"). Kain Decl. ¶ 2. Mr. Kain is of legal age and is competent to make the Declaration. Kain Decl. ¶ 1. The Company operated and operates under a trade name "Woodguard" which is not a legal entity. Kain Decl. ¶ 2. The Company engages in the business of manufacturing and selling outdoor play structures, furniture and accessories. The outdoor play structures include playground equipment, namely, play structures comprised of climbing units, platforms, sand boxes, swing sets, jungle gyms, playhouses, gymnastics apparatus and slides ("the Products"). Kain Decl. ¶ 3. On or about June 2002, Mr. Kain directed an attorney to prepare and file an application for Federal registration of a brand name CONGO that the Company had been using in association with sales of the Products. Kain Decl. ¶ 3. On June 18, 2002, the attorney filed application S/N 76/423,975 with the USPTO to register the mark CONGO for the Company. Subsequently, the application matured into the '504 Registration. Kain Decl. ¶ 4. Mr. Kain later learned that the application was filed in the name of Woodguard, Inc. and that the '504 Registration issued in the name of Woodguard, Inc. The trade name "Woodguard" was inadvertently and mistakenly substituted for the corporate name Abode Lumber Corporation in the application. Kain Decl. ¶ 5. Accordingly, the registrant Abode Lumber Company now requests the USPTO to amend the '504 Registration to state the registrant's correct legal name. Correction of a registration is permitted under Section 7(h) of the Trademark Act: Whenever a mistake has been made in a registration and a showing has been made that such mistake occurred in good faith through the fault of the applicant, the Director is authorized to issue a certificate of correction or, in his discretion, a new certificate upon payment of the prescribed fee: Provided, That the correction does not involve such changes in the registration as to require republication of the mark. The Trademark Manual of Examining Procedure § 1201.02(c) explains correcting by amendment an error in how the applicant is identified. "If the party applying to register the mark is, in fact, the owner of the mark, but there is a mistake in the manner in which the name of the applicant is set out in the application, the mistake may be corrected by amendment." A correctable error includes a trade name set forth in an application as the applicant. In a situation analogous to instances where applications are filed in which the name of the applicant is incorrectly set out using its alternative name under which it does business, rather than its legal corporate name, it was held error in refusing to allow amendment of a combined Section 8 and 15 Declaration to show the registrant's legal corporate name rather than the trade name inadvertently and mistakenly placed on the Declaration. In re Atlanta Blue Print Co., 19 USPQ2d 1078 (Comm'r Pats 1990); see TMEP § 1201.02(c). In the present Registration, the requested change is proper, (1) in that the mistake in the applicant's name occurred in good faith as shown by the Declaration of Don Kain made in support of this Request and (2) the change would not require republication of the mark. A payment in the amount of $100 is concurrently paid for the government fee for correction of the '504 Registration. If the payment is missing, or incorrect, please charge or credit deposit account 11-0553. For the foregoing reasons, the Director should exercise his authority and issue a certificate of correction, or in his discretion, a new certificate, in the name of the Registrant Abode Lumber Corporation. A Request For Correction Of Registration Pursuant To 15 U.S.C. 7(h) and a Declaration In Support Of Request For Correction Of Registration by Don Kain is concurrently filed herewith. Respectfully submitted.
Original PDF file:
M-21624165166-161721182_._Section_7_correction_of_trademark_registration.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
M-21624165166-161721182_._Declaration_in_support.pdf
Converted PDF file(s) (3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3

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

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: /carl m davis ii/     Date: 03/26/2010
Signatory's Name: Carl M. Davis II
Signatory's Position: Attorney of Record (GA Bar 207710)

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 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.

        
RAM Sale Number: 4436
RAM Accounting Date: 03/29/2010
        
Serial Number: 76423975
Internet Transmission Date: Fri Mar 26 16:37:14 EDT 2010
TEAS Stamp: USPTO/S7R-XXX.XX.XXX.XXX-201003261637144
58050-2777504-460c1dd01dba1e4afabb43f581
7cc7595c-CC-4436-20100326161721182849