Section 7 Request

PTO Form 1597 (Rev 11/2007)

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

---

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. 3383814 FTW(Standard Characters, see http://uspto.report/TM/77001542/mark.png) has been amended as follows:

EXPLANATION OF FILING

On March 24, 2014, Registrant timely electronically filed a Combined Declaration of Use and Incontestability under Sections 8&15 for Registration No. 3,383,814 registered February 19, 2008 in Int. Classes 35, 39, 41 and 43. 

On April 8, 2014, Registrant received a Notice of Acceptance Under Section 8 and 15; however, upon further review Registrant realized that it had inadvertently, unintentionally, omitted Class 35 when filing the Section 8 and 15 on March 24, 2014. 

Registrant now submits this Request for Correction to reinstate Class 35 services, namely, mail order catalog services, retail outlets and shops, and computerized on-line ordering services, all featuring sporting goods.  Applicant further states that the mark is in use in commerce on or in connection with all of the goods or services listed in the existing registration for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with all goods or services listed in the existing registration for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

This inadvertent omission is owner's error and was made in good faith.  Registrant’s intention was to file the Combined Declaration of Use and Incontestability under Sections 8&15 in support of all registered classes, namely Int. Classes 35, 39, 41 and 43 and is respectfully requesting a correction. 

The USPTO is authorized to charge any fees associated with this request, including the filing fee for the 8&15 in Class 35 and any surcharge, against Deposit Account 08-0719.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 035 for [ Mail order catalog services, retail outlets and shops, and computerized on-line ordering services, all featuring sporting goods ]
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/30/1996 and first used in commerce at least as early as 11/30/1996, and is now in use in such commerce.

Proposed: Class 035 for Mail order catalog services, retail outlets and shops, and computerized on-line ordering services, all featuring sporting goods
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/30/1996 and first used in commerce at least as early as 11/30/1996, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: FTW Partners, L.P., a limited partnership having an address of
      1802 Horse Hollow Road
      Barksdale, Texas 78828
      United States
Proposed: FTW Partners, L.P., a limited partnership legally organized under the laws of Texas, comprising of Timothy Fallon, U.S. Citizen and Susan Fallon, U.S. Citizen, having an address of

      1802 Horse Hollow Road
      Barksdale, Texas 78828
      United States
      XXXX



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: John B Hardaway III NEXSEN PRUET LLC PO Box 10648 GREENVILLE South Carolina (SC) United States (USX) 29603
Proposed: John B Hardaway III, having an address of PO Box 10648 GREENVILLE, South Carolina United States 29603, whose e-mail address is jhardaway@nexsenpruet.com;ksteading@nexsenpruet.com, tstclair@nexsenpruet.com, whose phone number is 864-282-1172 and whose fax number is 864-477-2607.
The docket/reference number is 18840-15.


ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
A Notice of Acceptance Under Sections 8&15 in Classes 39, 41, and 43 has been issued by the USPTO on April 8, 2014. Only Class 35 remains outstanding and Registrant respectfully requests consideration of the attached Request for Correction, statement of continued use, and specimen in support of its Class 35 Declaration Under Sections 8&15.
JPG file(s):
Miscellaneous File1
Original PDF file:
M-64535034-143615569_._FTW_Price_list_from_showroom_TM_Specimen.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

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: /JBH/      Date: 07/16/2014
Signatory's Name: John B Hardaway III
Signatory's Position: Attorney of Record
Signatory's Phone: 864-282-1172

Request Signature
Signature: /JBH/     Date: 07/16/2014
Signatory's Name: John B Hardaway III
Signatory's Position: Attorney of Record

Signatory's Phone: 864-282-1172

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 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 B Hardaway III
   PO Box 10648
   GREENVILLE, South Carolina 29603
        
RAM Sale Number: 3383814
RAM Accounting Date: 07/17/2014
        
Serial Number: 77001542
Internet Transmission Date: Wed Jul 16 16:36:46 EDT 2014
TEAS Stamp: USPTO/S7R-XX.XX.XX.XX-201407161636460979
34-3383814-50043d26daa896c6942a7cb33f75d
e52f29e5eccd449bcaf1fa6650a74998ab6019-D
A-2974-20140716143615569879