PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

---

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3848110
REGISTRATION DATE: 09/14/2010

MARK: TOONER

Current: The owner, AQ Design, Inc., a corporation of New York, having an address of
      P.O. Box 1969
      Marco Island, Florida 34146
      United States

Proposed: The owner, AQ Design, Inc., a corporation of New York, having an address of
      180 Seaview Court, 616
      Marco Island, Florida 34145
      United States
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 009, the mark is 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 for this specific class: Computer software, namely, software for viewing and enabling the broadcasting and delivery of audio, video, and/or multimedia content; computer search engine software in the fields of art, music, film, television, games, sports, fashion, technology, lifestyle and a variety of other topics of general interest; Real time computer recommendation software for answering personal interest queries in the fields of art, music, film, television, games, sports, fashion, technology, lifestyle and a variety of other topics of general interest; Downloadable online gaming software; Downloadable audio and audiovisual recordings, featuring vocals, music, literary works, documentaries, presentations, and films ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screen shots of website where software can be downloaded, and of search function within software (downloaded August 17, 2020)..

Original PDF file:
SPN0-45395226-20200909141 509608293_._TOONER_Class_ 9_SpecimenII.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPN0-45395226-20200909141 509608293_._TOONER_Class_ 9_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

The owner's/holder's current attorney information: Catherine M.C. Farrelly. Catherine M.C. Farrelly of Frankfurt Kurnit Klein & Selz PC, is located at

      488 Madison Avenue, 10th Fl.
      NEW YORK, New York 10022
      United States
The docket/reference number is 15942-300.

The phone number is 2129800120.

The fax number is 2129800120.

The email address is pto@fkks.com

The owner's/holder's proposed attorney information: Catherine M.C. Farrelly. Other appointed attorneys are Kimberly Maynard, Jean Voutsinas, Rachel Santori, Christopher Chase, Dorna Mohaghegh, Danielle Maggiacomo, Karen Hsieh and all other attorneys. Recognized Canadian attorney(s)/agent(s) is/are Kimberly Maynard, Jean Voutsinas, Rachel Santori, Christopher Chase, Dorna Mohaghegh, Danielle Maggiacomo, Karen Hsieh and all other attorneys. Catherine M.C. Farrelly of Frankfurt Kurnit Klein & Selz PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      35th Floor
      28 Liberty Street
      NEW YORK, New York 10005
      United States
The docket/reference number is 15942-300.

The phone number is 2129800120.

The fax number is 2129800120.

The email address is pto@fkks.com

Catherine M.C. Farrelly submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Catherine M.C. Farrelly
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@fkks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 15942-300.
Correspondence Information (proposed):
      Catherine M.C. Farrelly
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@fkks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmcguire@fkks.com

The docket/reference number is 15942-300.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $425 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	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 and the registration, 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: /Peter Roos/    Date: 09/09/2020
Signatory's Name: Peter Roos
Signatory's Position: President
Signatory's Phone: 000-000-0000

Mailing Address (current):
   Frankfurt Kurnit Klein & Selz PC
   488 Madison Avenue, 10th Fl.
   NEW YORK, New York 10022

Mailing Address (proposed):
   Frankfurt Kurnit Klein & Selz PC
   28 Liberty Street
   NEW YORK, New York 10005

Serial Number: 77000422
Internet Transmission Date: Thu Sep 10 10:55:18 ET 2020
TEAS Stamp: USPTO/S08N09-X.XX.XX.XXX-202009101055185
75292-3848110-75044cdcba35e9da445f7d7178
72f25af61ac47e3b6298aa9d6b8439cd8794e2ee
-CC-55174881-20200909171626852310