Section 7 Request

PTO Form 1597 (Rev 11/2007)

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

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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. 3459996 LAZER STAR (Stylized and/or with Design, see http://uspto.report/TM/76678961/mark.png) has been amended as follows:

EXPLANATION OF FILING

Weekend Concepts, Inc. requests that the registration certificate and other records of the United States Patent and Trademark Office for the mark LAZER STAR are corrected to reflect the true name of the owner – Weekend Concepts, Inc. 

 

Due to an error made in good faith by Weekend Concepts, Inc. and its attorney during the trademark registration application process, the name of the owner of the mark is incorrect on the registration certificate and other PTO records.

 

This correction form is submitted in response to the office actions with mailing dates of February 7, 2014, and June 27, 2014, issued in response to the Combined Declaration of Use under Sections 8 & 15 submitted on January 27, 2014 on behalf of Weekend Concepts, Inc. 

 

Background:  Weekend Concepts, Inc. submitted the above referenced Combined Declaration to renew the mark LAZER STAR, registration no. 3459996 (the "Lazer Star Mark").  The office action was issued to deny acceptance of the Combined Declaration based on a discrepancy in the United States Patent and Trademark Office records regarding the name of the corporation.

 

Weekend Concepts, Inc. requests that the records for the Lazer Star Mark be corrected to reflect the true name of the owner of the Lazer Star Mark.

 

Weekend Concepts, Inc. is a California corporation formed on December 13, 2002.  Weekend Concepts, Inc. is the original name of the company and the name has never been changed.

 

Weekend Concepts, Inc. filed an application to register the Lazer Star Mark on July 2, 2007.  The application drawing page on the TSDR shows the correct name of the corporation – Weekend Concepts, Inc. 

 

However, the Trademark Application Transmittal Letter and Application for Trademark Registration, submitted on June 28, 2007, inadvertently and incorrectly refer to the applicant as WEEKEND CONCEPTS CORPORATION.  The Filing Receipt for Trademark Application dated July 14, 2007, also incorrectly shows the applicant as WEEKEND CONCEPTS CORPORATION. 

 

Subsequent application related documents also incorrectly show the name as WEEKEND CONCEPTS CORPORATION.  Neither the applicant nor its attorney noticed the change from Weekend Concepts, Inc. to the incorrect name.

 

The error was inadvertent, and did not occur in bad faith or with any intent to deceive the PTO.  All of Weekend Concepts, Inc.'s actions in applying for registration of the mark were taken in good faith.

 

            Weekend Concepts, Inc. has always owned the Lazer Star Mark.  Weekend Concepts, Inc. created the Lazer Star Mark, and it has never been assigned or licensed to any other party.

 

            Based on the fact that the Lazer Star Mark was created by Weekend Concepts, Inc., has always been owned by the company and was registered by the company, we request that the records for the registration of the Lazer Star Mark be corrected to show that the owner is Weekend Concepts, Inc.

 

            We also request that the Combined Declaration submitted on January 27, 2014 be allowed to proceed and that registration of the mark is renewed.

 

            Thank you for your consideration.

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: WEEKEND CONCEPTS CORPORATION, a corporation of California, having an address of
      1330-A N. Blue Gum Street
      Anaheim, California 92806
      United States
Proposed: Weekend Concepts, Inc., a corporation of California, having an address of

      2734 Danley Court
      Paso Robles, California 93446
      United States


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: Kevin D. Elder Sinsheimer Juhnke McIvor & Stroh, LLP 1010 Peach Street San Luis Obispo California (CA) United States (USX) 93401
Proposed: Kevin D. Elder, having an address of 1010 Peach Street San Luis Obispo, California United States 93401.
The attorney docket/reference number is 4557.001.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: Kevin D. Elder Sinsheimer Juhnke McIvor & Stroh, LLP 1010 Peach Street San Luis Obispo California (CA) United States (USX) 93401
Proposed: Kevin D. Elder, having an address of 1010 Peach Street San Luis Obispo, California United States 93401.
The docket/reference number is 4557.001.


ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
The correct name of the owner of the registered mark is Weekend Concepts, Inc. The registration certificate inadvertently and incorrectly shows the owner as Weekend Concepts Corporation.

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. Section 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: /Kevin D. Elder/      Date: 07/16/2014
Signatory's Name: Kevin D. Elder
Signatory's Position: Attorney of record, California bar member

Request Signature
Signature: /Kevin D. Elder/     Date: 07/16/2014
Signatory's Name: Kevin D. Elder
Signatory's Position: Attorney of record, California bar member

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:    Kevin D. Elder
   1010 Peach Street
   San Luis Obispo, California 93401
        
RAM Sale Number: 3459996
RAM Accounting Date: 07/17/2014
        
Serial Number: 76678961
Internet Transmission Date: Wed Jul 16 17:29:28 EDT 2014
TEAS Stamp: USPTO/S7R-XX.X.XX.XX-2014071617292838359
8-3459996-5001e532760e88284e4a48531a2edf
fa9ed271d41f2445105f136190bf1de81350-DA-
3903-20140716170815252492