| PTO Form 1553 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 12/31/2011) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
The table below presents the data as entered.
Input Field
|
Entered
|
| REGISTRATION NUMBER |
2807920 |
| REGISTRATION DATE |
01/27/2004 |
| SERIAL NUMBER |
76429431 |
| MARK SECTION |
| MARK |
MICRO-CAVITY |
| OWNER SECTION (current) |
| NAME |
ROGER CLEVELAND GOLF COMPANY, INC. |
| STREET |
5630 Cerritos Avenue |
| CITY |
Cypress |
| STATE |
California |
| ZIP/POSTAL CODE |
90630 |
| COUNTRY |
United States |
| OWNER SECTION (proposed) |
| NAME |
ROGER CLEVELAND GOLF COMPANY, INC. |
| STREET |
5601 Skylab Road |
| CITY |
Huntington Beach |
| STATE |
California |
| ZIP/POSTAL CODE |
92647 |
| COUNTRY |
United States |
| ATTORNEY SECTION (current) |
| NAME |
Roger W. Parkhurst |
| FIRM NAME |
1421 PRINCE ST STE 210 |
| CITY |
ALEXANDRIA |
| STATE |
Virginia |
| POSTAL CODE |
22314-2805 |
| COUNTRY |
United States |
| PHONE |
(703) 739-0220 |
| FAX |
703-739-0229 |
| EMAIL |
parkhurst@worldnet.att.net |
| ATTORNEY SECTION (proposed) |
| NAME |
Roger W. Parkhurst |
| FIRM NAME |
Steptoe & Johnson, LLP |
| STREET |
1330 Connecticut Avenue, N.W. |
| CITY |
Washington |
| STATE |
District of Columbia |
| POSTAL CODE |
20036 |
| COUNTRY |
United States |
| PHONE |
(202) 429-3000 |
| FAX |
(202) 429-3902 |
| EMAIL |
rparkhurst@steptoe.com |
| ATTORNEY DOCKET NUMBER |
28952.9484 |
| OTHER APPOINTED ATTORNEY |
all other attorneys |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
028 |
| GOODS OR SERVICES |
KEEP ALL LISTED |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT9\IMAGEOUT9 \764\294\76429431\xml1\S0 80002.JPG |
| SPECIMEN DESCRIPTION |
No specimen is being submitted because excusable nonuse is being claimed |
| EXCUSABLE NONUSE EXPLANATION |
The mark in its registered form is currently not in use, but an acronym version thereof is in use. Registrant plans to resume use of the mark
in its registered form in the future. Registrant stopped using the mark in commerce in 2004 and plans to resume use of the mark in commerce in 2010 or 2011. |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| NUMBER OF CLASSES PAID |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL FEE PAID |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/Roger W. Parkhurst/ |
| SIGNATORY'S NAME |
Roger W. Parkhurst |
| SIGNATORY'S POSITION |
Attorney of Record, DC Bar Member |
| DATE SIGNED |
01/26/2010 |
| PAYMENT METHOD |
DA |
| FILING INFORMATION |
| SUBMIT DATE |
Tue Jan 26 16:35:10 EST 2010 |
| TEAS STAMP |
USPTO/SECT08-XX.XX.XXX.XX
X-20100126163510409389-28
07920-4605aedccf636277799
ec9c36166a60a990-DA-3001-
20100126163203702288 |
| PTO Form 1553 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 12/31/2011) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
To the Commissioner for Trademarks:
REGISTRATION NUMBER: 2807920
REGISTRATION DATE: 01/27/2004
MARK: MICRO-CAVITY
The owner, ROGER CLEVELAND GOLF COMPANY, INC., having an address of
5601 Skylab Road
Huntington Beach, California 92647
United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.
For International Class 028, 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; 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) No specimen is being submitted because excusable nonuse
is being claimed.
Specimen File1
The following explanation of excusable nonuse has been made of record: The mark in its registered form is currently not in use, but an acronym version thereof is in use. Registrant plans to resume
use of the mark in its registered form in the future. Registrant stopped using the mark in commerce in 2004 and plans to resume use of the mark in commerce in 2010 or 2011.
The registrant hereby appoints Roger W. Parkhurst and all other attorneys of Steptoe & Johnson, LLP
1330 Connecticut Avenue, N.W.
Washington, District of Columbia 20036
United States
to file this Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8 on behalf of the registrant. The attorney docket/reference number is 28952.9484.
A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.
Declaration
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached
specimen(s) showing the mark as used in commerce.
The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements
and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own
knowledge are true and that all statements made on information and belief are believed to be true.
Signature: /Roger W. Parkhurst/ Date: 01/26/2010
Signatory's Name: Roger W. Parkhurst
Signatory's Position: Attorney of Record, DC Bar Member
Mailing Address
(current):
1421 PRINCE ST STE 210
ALEXANDRIA, Virginia 22314-2805
Mailing Address
(proposed):
Steptoe & Johnson, LLP
1330 Connecticut Avenue, N.W.
Washington, District of Columbia 20036
Serial Number: 76429431
Internet Transmission Date: Tue Jan 26 16:35:10 EST 2010
TEAS Stamp: USPTO/SECT08-XX.XX.XXX.XXX-2010012616351
0409389-2807920-4605aedccf636277799ec9c3
6166a60a990-DA-3001-20100126163203702288
