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: 3854096
REGISTRATION DATE: 09/28/2010

MARK: ARIEL (see, )

The owner, Disney Enterprises, Inc., a corporation of Delaware, having an address of
      500 South Buena Vista Street
      Burbank, California 91521
      United States
      818-560-1000
      818-848-6424
      XXXX (not authorized)
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 018, the owner, or its related company, 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/services, or to indicate membership in the collective membership organization listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization 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. This statement is entirely true EXCEPT for the following goods or services:

waist packs

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Articles made from imitations of leather, namely, luggage; bags, namely, backpacks, book bags, duffel bags, overnight bags; shopping bags of textile; tote bags; purses; handbags

For International Class 021, the owner, or its related company, 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/services, or to indicate membership in the collective membership organization listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization 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. This statement is entirely true EXCEPT for the following goods or services:

tea kettles, trays not of precious metal

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Housewares, namely, bowls, cookie cutters, cups, dishes, figurines made of porcelain, mugs, plates, thermal insulated containers for food or beverage, containers for household use; dinnerware; beverageware; plastic cups; cookie jars

For International Class 030, the filing does not apply.
The registrant's current Attorney Information: Steve W. Ackerman of  THE WALT DISNEY COMPANY
      500 SOUTH BUENA VISTA STREET
      CORPORATE LEGAL - TRADEMARK DEPARTMENT
      BURBANK, California 91521-0639
      United States
The docket/reference number is 37806.

The registrant's proposed Attorney Information: Steve Ackerman of  THE WALT DISNEY COMPANY
      IP Department - Trademark Group
      500 South Buena Vista Street
      BURBANK, California 91521
      United States
The docket/reference number is 37806.
The Other Appointed Attorney(s): Catherine Bridge, Kevin Daley, Jocelyn Hanamirian, Steven Plotkin, and Charles Steinberg.

The phone number is 818-560-1030.

The fax number is 818-848-6424.

The email address is trademarks@disney.com.
The registrant's current Correspondence Information: STEVE W. ACKERMAN of  THE WALT DISNEY COMPANY
      500 SOUTH BUENA VISTA STREET
      CORPORATE LEGAL - TRADEMARK DEPARTMENT
      BURBANK, California 91521-0639
      United States
The docket/reference number is 37806.

The registrant's proposed Correspondence Information: Steve Ackerman of  THE WALT DISNEY COMPANY
      IP Department - Trademark Group
      500 South Buena Vista Street
      BURBANK, California 91521
      United States
The docket/reference number is 37806.


The phone number is 818-560-1030.

The fax number is 818-848-6424.

The email address is trademarks@disney.com.

A fee payment in the amount of $400 will be submitted with the form, representing payment for 2 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/holder's claim of ownership of such mark for such goods, services, and/or the collective membership organization, or to the owner's/holder'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 United States Patent and Trademark Office or in a court.

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: /swa/      Date: 09/02/2016
Signatory's Name: Steve Ackerman
Signatory's Position: Attorney of record, California bar member

Mailing Address (current):
   THE WALT DISNEY COMPANY
   CORPORATE LEGAL - TRADEMARK DEPARTMENT
   BURBANK, California 91521-0639

Mailing Address (proposed):
   THE WALT DISNEY COMPANY
   500 South Buena Vista Street
   BURBANK, California 91521

Serial Number: 77098289
Internet Transmission Date: Fri Sep 02 17:48:46 EDT 2016
TEAS Stamp: USPTO/SECT15-XXX.XXX.XXX.XX-201609021748
46184033-3854096-550374cbc9335b5592451c0
a257a8164b54d17aec89f2917c889e807a1b6839
32ab-DA-4799-20160902163812350937