PR-Section 15

PTO Form 1573 (Rev 5/2006)

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

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PTO Form 1573 (Rev 5/2006)

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

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3273451
REGISTRATION DATE: 08/07/2007

MARK: CAPELLI

The owner, GMA Accessories, Inc., DBA Capelli, a corporation of New York, having an address of
      1 East 33rd Street
      New York, New York 10016
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 028, 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:Inflatable toys; Party favors in the nature of small toys; Plush toys; Sport balls; Squeeze toys; Stuffed toys; Toy artificial fingernails; Toy clocks and watches;Also, 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 Attorney Information: Conor F. Donnelly of  THE BOSTANY LAW FIRM PLLC
      75 WALL STREET - SUITE 24F
      NEW YORK, New York (NY) 10005
      United States


The registrant's proposed Attorney Information: Christopher Ian Henry of  THE BOSTANY LAW FIRM PLLC
      75 WALL STREET - SUITE 24F
      NEW YORK, New York (NY) 10005
      United States

The Other Appointed Attorney(s): John P. Bostany, Charen Kim.

The phone number is 2125304400.

The fax number is 2125304488.

The email address is mail@bozlaw.com.
The registrant's current Correspondence Information: CONOR F. DONNELLY of  THE BOSTANY LAW FIRM PLLC
      75 WALL STREET - SUITE 24F
      NEW YORK, New York (NY) 10005
      United States


The registrant's proposed Correspondence Information: Christopher Ian Henry of  THE BOSTANY LAW FIRM PLLC
      75 WALL STREET - SUITE 24F
      NEW YORK, New York (NY) 10005
      United States



The phone number is 2125304400.

The fax number is 2125304488.

The email address is mail@bozlaw.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 (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce. There has been no final decision adverse to the owner's claim of ownership of such mark, 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 either in the U.S. Patent and Trademark Office or in the courts.

The undersigned being hereby 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 document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /GA/      Date: 06/14/2013
Signatory's Name: George Altirs
Signatory's Position: CEO of Registrant

Mailing Address (current):
   THE BOSTANY LAW FIRM PLLC
   75 WALL STREET - SUITE 24F
   NEW YORK, New York 10005

Mailing Address (proposed):
   THE BOSTANY LAW FIRM PLLC
   75 WALL STREET - SUITE 24F
   NEW YORK, New York 10005

Serial Number: 77010143
Internet Transmission Date: Fri Jun 14 12:09:59 EDT 2013
TEAS Stamp: USPTO/SECT15-XX.XXX.XXX.XXX-201306141209
59967631-3273451-500fc8538cbda8b98a8178e
ef8edcd4986dea1dec8464c4279d8b7a38eaf997
c79-CC-10195-20130614120552142869