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. 3064954 BENJAMIN BRITTEN(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/76633784/large) has been amended as follows:

EXPLANATION OF FILING
When the instant registration was originally filed, it was incorrectly filed in the name of David Austin Roses Limited, a UK Corporation. The proper entity should have been David Austin Roses Limited, A UK Private Limited Company.    Applicant requests correction of this error pursuant to 15 USC §1057(h). The mistake resulted from a misapprehension as to the specificity with which the entity type needed to be specified when filing. Thus Registrant submits that the error occurred in good faith and without deceptive intent.    Registrant further submits that the correction does not affect the scope of goods/services and makes no material change to the mark itself.    Finally, Applicant submits that the original mark was filed by the owner of the mark, and that the misidentification does not name a different existing legal entity.

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: David Austin Roses Limited, a corporation of United Kingdom, having an address of
      Bowling Green Lane
      Albrighton, Wolverhampton, WV7 3HB
      United Kingdom
Proposed: David Austin Roses Limited, private limited company legally organized under the laws of United Kingdom, having an address of

      Bowling Green Lane
      Albrighton, Wolverhampton, WV7 3HB
      United Kingdom


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: JOHN W. PECK KAUTH, POMEROY, PECK & BAILEY LLP 2400 E. Katella Ave. SUITE 1050 ANAHEIM California United States 92806
Proposed: John W. Peck of KPPB LLP, having an address of 2400 E. Katella Ave. SUITE 1050 ANAHEIM, California United States 92806, whose e-mail address is tess@kppb.com, whose phone number is (949) 852-0000 and whose fax number is (949) 852-0004.
The attorney docket/reference number is D4:00696.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: JOHN W. PECK KAUTH, POMEROY, PECK & BAILEY LLP 2400 E. Katella Ave. SUITE 1050 ANAHEIM California United States 92806
Proposed: John W. Peck of KPPB LLP, having an address of 2400 E. Katella Ave. SUITE 1050 ANAHEIM, California United States 92806, whose e-mail address is tess@kppb.com, whose phone number is (949) 852-0000 and whose fax number is (949) 852-0004.
The docket/reference number is D4:00696.


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: /John W. Peck/      Date: 01/27/2016
Signatory's Name: John W. Peck
Signatory's Position: Attorney of Record, California State Bar member
Signatory's Phone: 949.852.0000

Request Signature
Signature: /John W. Peck/     Date: 01/27/2016
Signatory's Name: John W. Peck
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone: 949-852-0000

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 applicant 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:    John W. Peck
   KPPB LLP
   SUITE 1050
   2400 E. Katella Ave.
   ANAHEIM, California 92806
        
RAM Sale Number: 3064954
RAM Accounting Date: 01/28/2016
        
Serial Number: 76633784
Internet Transmission Date: Wed Jan 27 18:45:55 EST 2016
TEAS Stamp: USPTO/S7R-XX.XX.XXX.XX-20160127184555756
502-3064954-550379e5b7540b932a26aaa27dad
b1b630acd6f5d1fecc4f8ab802b4fa9e3e1-CC-5
744-20160127182855853457