PR-Section 15

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 1573 (Rev 05/2006)

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 1573 (Rev 05/2006)

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

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3443455
REGISTRATION DATE: 06/10/2008

MARK: TAILGATE

The owner, MOUNT NITTANY VINEYARD AND WINERY, INC., a corporation of Pennsylvania, having an address of
      300 HOUSER ROAD
      CENTRE HALL, Pennsylvania 16828
      United States
      XXXX (authorized)
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 033, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:WINESAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
The registrant's current Correspondence Information: JOSEPH L. CARROLL of  MOUNT NITTANY VINEYARD & WINERY, INC.
      350 HOUSER ROAD
      CENTRE HALL, Pennsylvania 16828
      United States
The phone number is 814-466-6132.
The fax number is 814-466-3066.
The email address is jcarwine@gmail.com. (authorized)

The registrant's proposed Correspondence Information: Lewis F. Gould, Jr. of  Duane Morris LLP
      30 South 17th Street
      Philadelphia, Pennsylvania 19103
      United States The docket/reference number is NITTANY-2.

The phone number is 215-979-1282.
The fax number is 215-689-2410.
The email address is Lfgould@duanemorris.com. (authorized)
The registrant hereby appoints Lewis F. Gould, Jr. and Duane Morris LLP of  Duane Morris LLP
      30 South 17th Street
      Philadelphia, Pennsylvania 19103
      United States
to submit this Declaration of Incontestability of a Mark under Section 15 on behalf of the registrant. The docket/reference number is NITTANY-2.

The phone number is 215-979-1282.

The fax number is 215-689-2410.

The email address is Lfgould@duanemorris.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).


Declaration

	The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration.
	There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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: /linda carroll weaver/    Date: 04/05/2017
Signatory's Name: Linda Carroll Weaver
Signatory's Position: President

Mailing Address:
   Duane Morris LLP
   30 South 17th Street
   Philadelphia, Pennsylvania 19103

Serial Number: 76682791
Internet Transmission Date: Wed Apr 05 15:59:03 EDT 2017
TEAS Stamp: USPTO/SECT15-XX.XXX.XX.XXX-2017040515590
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6353314affb106b1b1d829c64e424bf813243d6a
-DA-2467-20170405155506082858