Section 7 Request

PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp. 07/31/2018)

---

PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 2844624 MCCOY'S BUILDING SUPPLY CENTERS(Standard Characters) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: MCCOY'S BUILDING SUPPLY CENTERS(Standard Characters)
Proposed (USPTO generated image): MCCOY'S BUILDING SUPPLY (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font, style, size, or color.

Registrant hereby submits a specimen for the mark that was in use in commerce on or before the filing date of this request. The specimen(s) submitted consists of images of mark used on store front and sign for store.
Specimen File1
Specimen File2

EXPLANATION OF FILING

SECTION 7 REQUEST FOR AMENDMENT OF MARK

AND FOR ISSUANCE OF CERTIFICATE OF REGISTRATION

            Registrant files the following Section 7 requests respectfully requesting that the mark be amended to MCCOY’S BUILDING SUPPLY and for issuance of a new certificate of registration.

 SECTION 7(e) REQUEST FOR AMENDMENT

            Registrant hereby respectfully requests amendment of the registered mark MCCOY’S BUILDING SUPPLY CENTERS to MCCOY’S BUILDING SUPPLY under 15 U.S.C. §1057(e). Since registration of this mark, Registrant has amended use of its mark by deleting the word CENTERS.  Registrant asserts that the deletion of the word CENTERS does not materially alter the character of the mark. Registrant respectfully submits that the mark may be amended for good cause and requests that the mark be amended in accordance with § 1609.02 of the Trademark Manual of Examining Procedure (8^th Ed.).

SECTION 7 REQUEST FOR NEW CERTIFICATE OF REGISTRATION 

            Registrant hereby respectfully requests issuance of a new certificate of registration for the subject Mark as amended.

Conclusion

            For the foregoing reasons, Registrant respectfully requests that the USPTO’s records for the subject registration be amended as noted herein and that a new certificate of registration be issued.

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: McCoy Corporation, a corporation of Texas, having an address of
      P.O. Box 1028
      San Marcos, Texas 78667
      United States
Proposed: McCoy Corporation, a corporation of Texas, having an address of

      P.O. Box 1028
      San Marcos, Texas 78667
      United States


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: JEFFA MCDANIEL CONLEY ROSE, PC PO BOX 684908 AUSTIN Texas (TX) United States (USX) 78768-4908
Proposed: Jeff A. McDaniel of DAFFER MCDANIEL LLP, having an address of 901 S MoPac Expwy, Building III, Ste 310 AUSTIN, Texas United States 78746, whose e-mail address is jmcdaniel@dmtechlaw.com, whose phone number is (512) 476-1400 and whose fax number is (512) 703-1250.
The attorney docket/reference number is 5116-01401.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: JEFFA MCDANIEL CONLEY ROSE, PC PO BOX 684908 AUSTIN Texas (TX) United States (USX) 78768-4908
Proposed: Jeff A. McDaniel of DAFFER MCDANIEL LLP, having an address of 901 S MoPac Expwy, Building III, Ste 310 AUSTIN, Texas United States 78746, whose e-mail address is jmcdaniel@dmtechlaw.com, whose phone number is (512) 476-1400 and whose fax number is (512) 703-1250.
The docket/reference number is 5116-01401.


ADDITIONAL STATEMENTS
Disclaimer
"No claim is made to the exclusive right to use BUILDING apart from the mark as shown"

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

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_7420225566-152308438_._2013-08-13_Section_7_Amendment-DECLARATION.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Dan Stauffer
Signatory's Position: Vice President / Marketing

Request Signature
Signature: /jeffamcdaniel/     Date: 08/30/2013
Signatory's Name: Jeff A. McDaniel
Signatory's Position: Attorney of Record, State Bar of Texas

Signatory's Phone: (512) 476-1400

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.

Mailing Address:    Jeff A. McDaniel
   DAFFER MCDANIEL LLP
   901 S MoPac Expwy, Building III, Ste 310
   AUSTIN, Texas 78746
        
RAM Sale Number: 2844624
RAM Accounting Date: 09/03/2013
        
Serial Number: 76535093
Internet Transmission Date: Fri Aug 30 16:21:12 EDT 2013
TEAS Stamp: USPTO/S7R-XX.XXX.XXX.XX-2013083016211244
4937-2844624-50039d8cb36f48ce587b9ef6875
2daa8e17753099974829121556d1398c2550-DA-
4404-20130830152308438825