PR-Section 8

PTO Form 1553 (Rev 5/2006)

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

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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: 2901174
REGISTRATION DATE: 11/09/2004

MARK: (Stylized and/or with Design, GRAPE)

The owner, Paul Wade, a citizen of United States, having an address of
      1004 Miramar Street
      Laguna Beach, California 92651-3524
      United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 025, 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: Shirts, polo shirts, T-shirts, tank tops, rash guards, blouses, sweat shirts, sweat suits, sweaters, jackets, dresses, pants, shorts, sweat pants, sweat shorts, skirts, shoes, sandals, socks, sweatsocks, underwear, undershirts, slips, bras, surf wear, swim wear, swim trunks, swimsuits, swim trunks, wet suits, board shorts, hats, visors, baseball hats, clothing, namely, belts, and clothing, namely, ties ; 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) Photo of man wearing t-shirt with "grape" on sleeve and "grape" on skim board with drawing..
Specimen File1

The following explanation of excusable nonuse has been made of record: The specific goods including polo shirts, blouses, sweat suits, sweaters, jackets, dresses, pants, shorts, sweat pants, sweat shorts, skirts, shoes, sandals, socks, sweat socks, underwear, undershirts, slips, bras, clothing namely, belts, and clothing, namely ties are not presently in use but there is no intent to abandon the mark as to those goods. The product line has not expanded beyond the items actually in use and it is intended that that goods listed in nonuse will be added to the line as the business expands.

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: Skim boards, surfboards, body boards, surfboard leashes, surfboard fins, skim board carry bags, surfboard carry bags, standing wave flow boards, traction pads for surfboards and surfboard wax ; 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) Photo of surfboard with "grape" and drawing..
Specimen File1

The following explanation of excusable nonuse has been made of record: The specific goods including body boards, surfboard leashes, surfboard fins, surfboard carry bags, traction pads for surfboards and surfboard wax have been added to the product line at this time. There is no intent to abandon the mark as to those goods and the product line will expand in the future to include those items.
The registrant's current Attorney Information: Hugh R. Coffin of  HUGH R. COFFIN & ASSOCIATES
      30 CORPORATE PARK, SUITE 300
      IRVINE, California (CA) 92606
      United States (USX)

The registrant's proposed Attorney Information: Hugh R. Coffin of  Singer & Coffin, APC
      30 CORPORATE PARK, SUITE 300
      IRVINE, California (CA) 92606
      United States (USX)


The phone number is 949-863-1224.

The fax number is 949-863-1179.

The email address is hughcoffin@hcoffinlaw.com.
The registrant's current Correspondence Information:
      
      ,

The registrant's proposed Correspondence Information: Hugh R. Coffin of  Singer & Coffin, APC
      30 CORPORATE PARK, SUITE 300
      IRVINE, California (CA) 92606
      United States (USX)


The phone number is 949-863-1224.

The fax number is 949-863-1179.

The email address is hughcoffin@hcoffinlaw.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 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: /Paul Wade/      Date: 11/08/2010
Signatory's Name: Paul Wade
Signatory's Position: Owner

Mailing Address (current):
   HUGH R. COFFIN & ASSOCIATES
   30 CORPORATE PARK, SUITE 300
   IRVINE, California 92606

Mailing Address (proposed):
   Singer & Coffin, APC
   30 CORPORATE PARK, SUITE 300
   IRVINE, California 92606

Serial Number: 76488917
Internet Transmission Date: Mon Nov 08 12:52:51 EST 2010
TEAS Stamp: USPTO/SECT08-XX.XXX.XX.XXX-2010110812525
1414085-2901174-4703abed6f9b3f7b1c91f49d
747b3dcd715-CC-9014-20101108121804937161