Section 7 Request

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1597 (Rev 11/2007)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. 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. 2881076 NEBRASKA CULTURES (Stylized and/or with Design, see http://uspto.report/TM/76539048/mark.png) has been amended as follows:

EXPLANATION OF FILING

NC-202           NEBRASKACULTURES words with microscope logo (Reg. No. 2881076)

Registrant hereby submits this Section 7 request to request a new certificate reflecting Nebraska Cultures of California, Inc., a California corporation, as the current owner, and to correct certain errors in identifying the Registrant which occurred in good faith through the fault of the owner of the Registration.

 

Issuance of New Certificate to Assignee of Registrant

Pursuant to Section 7(d) of the Lanham Act, 15 U.S.C. §1057(d), and TMEP §502.03, the USPTO will issue a new certificate of registration of the mark for the unexpired part of the registration period in the name of the new owner, if the new owner: (1) records the appropriate documents with the Assignment Recordation Branch; (2) files a written request that a certificate of registration be issued in the new owner’s name; and (3) pays the required fee. 

 

The application was filed on August 6, 2003, and became registered on September 7, 2004. Effective November 14, 2005, the original Registrant, Nebraska Cultures, Inc., a Nebraska corporation, merged with and into Nebraska Cultures of California, Inc., a California corporation.  On January 21, 2018, Registrant submitted the Plan of Merger, Articles of Merger and Certificate of Ownership reflecting the November 14, 2005 merger for recording with the USPTO.  The Plan of Merger, Articles of Merger, and Certificate of Ownership were recorded with the USPTO on January 21, 2018 at Reel/Frame 6254/0852.  Registrant has submitted herewith the required fee.

 

Having complied with the above-noted requirements for the issuance of a new certificate, Registrant respectfully requests a new certificate be issued in the name of Nebraska Cultures of California, Inc., a California corporation pursuant to Section 7(d) of the Lanham Act and TMEP §502.03.

 

Corrections of Owner’s Error

TMEP §1604.07(f) provides that if an affidavit or declaration was filed by the owner of the registration, but there was a mistake in the manner in which the name of the owner is set out, the mistake can be corrected.  See also In re Atlanta Blue Print Co., 19 USPQ2d 1078 (Comm’r Pats. 1990).  The TMEP provides specific examples of correctable errors, including, inter alia, where an applicant/registrant identifies itself by a name under which it does business, which is not a legal entity, or where the party listed as the applicant/registrant did not exist on the filing date.  TMEP §§1201.02(c)(1), (7); see also In re Atl. Blue Print Co., 19 USPQ2d 1078; U.S. Pioneer Elec. Corp. v. Evans Mktg., Inc., 183 USPQ 613 (Comm’r Pats. 1974).

 

The Combined Declaration of Use and Incontestability under Section 8 and 15 filed December 2, 2009 contained a mistake in the manner in which the name of the owner of the Registration was set out.  The Declaration identified Nebraska Cultures, Inc., a Nebraska corporation, as the owner.  At the time, the correct owner of the Registration was Nebraska Cultures of California, Inc., a California corporation.  No entity by the name of Nebraska Cultures, Inc., a Nebraska corporation, existed on December 2, 2009.  This error occurred in good faith, through the fault of the owner.  Registrant therefore submits that this mistake can be corrected pursuant to TMEP §§1604.07(f) and 1201.02(c).

 

The Combined Declaration of Use and Application for Renewal of Registration of a Mark under Sections 8 and 9 filed September 13, 2013 contained a mistake in the manner in which the name of the owner of the Registration was set out.   The Declaration identified Nebraska Cultures, Inc., a California corporation, as the owner.  At the time, Nebraska Cultures of California, Inc., a California corporation, was the correct owner of the Registration.  No entity by the name of Nebraska Cultures, Inc., a California corporation, existed on September 13, 2013.  This error occurred in good faith, through the fault of the owner.  Registrant therefore submits that this mistake can be corrected pursuant to TMEP §§1604.07(f) and 1201.02(c).

 

Conclusion

In light of the foregoing, Registrant respectfully requests that the inadvertent errors in the Declarations described above be corrected in the record pursuant to TMEP §1604.07(f), and that the Director issue a new certificate reflecting the new owner of the Registration, Nebraska Cultures of California, Inc., a California corporation, pursuant to Section 7(d) of the Lanham Act and TMEP §502.03.

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: NEBRASKA CUTURES OF CALIFORNIA, INC., a corporation of California, having an address of
      SUITE 206 45 QUAIL COURT
       WALNUT CREEK, California 94596
      United States
Proposed: NEBRASKA CUTURES OF CALIFORNIA, INC., a corporation of California, having an address of
      
      45 QUAIL COURT, SUITE 206
      WALNUT CREEK, California 94596
      United States
      XXXX (not authorized)
      6503481444


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: Ray K. Shahani, Esq. Ray K. Shahani, Attorney at Law 477 NINTH AVENUE, SUITE 112 Twin Oaks Office Plaza SAN MATEO California United States 94402-1854
Proposed: Ray K. Shahani, Esq. of RAY K. SHAHANI ATTORNEY AT LAW, having an address of 400 Oyster Point Boulevard, Suite 518 South San Francisco, California United States 94080, whose e-mail address is rks@attycubed.com, whose phone number is (650) 348-1444 and whose fax number is (650) 348-8655.
The attorney docket/reference number is NC-202.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: Ray K. Shahani, Esq. Ray K. Shahani, Attorney at Law 477 NINTH AVENUE, SUITE 112 Twin Oaks Office Plaza SAN MATEO California United States 94402-1854
Proposed: Ray K. Shahani, Esq. of RAY K. SHAHANI ATTORNEY AT LAW, having an address of 400 Oyster Point Boulevard, Suite 518 South San Francisco, California United States 94080, whose e-mail address is rks@attycubed.com, whose phone number is (650) 348-1444 and whose fax number is (650) 348-8655.
The docket/reference number is NC-202.


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

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Ray K. Shahani/      Date: 02/09/2018
Signatory's Name: Ray K. Shahani, Esq.
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 650-348-1444

Request Signature
Signature: /Ray K. Shahani/     Date: 02/09/2018
Signatory's Name: Ray K. Shahani, Esq.
Signatory's Position: Attorney of record, California bar member

Signatory's Phone: 650-348-1444

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

Mailing Address:    Ray K. Shahani, Esq.
   RAY K. SHAHANI ATTORNEY AT LAW
   400 Oyster Point Boulevard, Suite 518
   South San Francisco, California 94080
        
RAM Sale Number: 2881076
RAM Accounting Date: 02/12/2018
        
Serial Number: 76539048
Internet Transmission Date: Fri Feb 09 16:33:48 EST 2018
TEAS Stamp: USPTO/S7R-XX.XXX.XXX.XX-2018020916334894
5334-2881076-510cf6b7636d8bdb139c718dd3c
de4c0249183cbefd7a6e54ee62e33d2baed8-ET-
3156-20180209162307227934