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 No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 12/31/2020) |
2.146 Petition to the Director
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
77283554 |
| REGISTRATION NUMBER |
3610945 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/77283554/mark.png |
| LITERAL ELEMENT |
PYLE |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| FORM TEXT |
|
Petition to Allow Amendment Due to Technology Evolution
Petitioner, Sound Around, Inc., hereby petitions the Director to waive Trademark Rule 2.173(e) and allow the below amendment to the identification of goods/services in International Class 9 for
the above-referenced registration.
To the best of petitioner’s knowledge:
Based on changes due to evolving technology in the manner or medium by which products and services are offered for sale and provided to consumers, the petitioner cannot show use on the original
goods or services;
The petitioner still uses the mark on other goods or services reflecting the evolved technology, and the underlying content or subject matter remains unchanged; and
Absent an amendment of the identification, the petitioner would be forced to delete the original goods or services from the registration, and thus lose protection in the registration in relation
to the underlying content or subject matter of the original goods or services.
Petitioner additionally declares that it will not file an affidavit or declaration of incontestability under §15 of the Trademark Act, 15 U.S.C. §1065, as to the evolved goods or services for a
period of at least 5 years from the date of acceptance of the amendment.
Please find attached a specimen showing current use of the mark in commerce on or in connection with the amended goods or services.
Date of first use of the mark anywhere for the goods/services in their evolved form at least as early as: March 1, 2000
Date of first use of the mark in commerce for the goods/services in their evolved form at least as early as: March 1, 2000
Request for Amendment Under Section 7
Current identification: “Audio cassette players,” in International Class 9.
Proposed identification: “CD players and digital audio players," in International Class 9.
|
| ATTACHMENT(S) |
| ORIGINAL PDF FILE |
02202870_2018223103733909.PDF |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\772\835\77283554\xml1\PDR0002.jpg |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| PETITION FEE |
100 |
| TOTAL FEES DUE |
100 |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
/MM/ |
| SIGNATORY'S NAME |
Max Moskowitz |
| SIGNATORY'S POSITION |
Attorney for Registrant, New York bar member |
| SIGNATORY'S PHONE NUMBER |
2123820700 |
| DATE SIGNED |
03/23/2018 |
| SUBMISSION SIGNATURE |
/MM/ |
| SIGNATORY'S NAME |
Max Moskowitz |
| SIGNATORY'S POSITION |
Attorney for Registrant, New York Bar Member |
| SIGNATORY'S PHONE NUMBER |
2123820700 |
| DATE SIGNED |
03/23/2018 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Mar 23 10:47:57 EDT 2018 |
| TEAS STAMP |
USPTO/PDR-XX.XXX.XX.XX-20
180323104757314544-361094
5-20180323103434951328-CC
-11994-201803231034349513
28 |
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 No Form Number (Rev 01/2012) |
| OMB No. 0651-0054 (Exp 12/31/2020) |
2.146 Petition to the Director
To the Commissioner for Trademarks:
The following is submitted for registration number.
3610945
FORM INFORMATION
Petition to Allow Amendment Due to Technology Evolution
Petitioner, Sound Around, Inc., hereby petitions the Director to waive Trademark Rule 2.173(e) and allow the below amendment to the identification of goods/services in International Class 9 for
the above-referenced registration.
To the best of petitioner’s knowledge:
Based on changes due to evolving technology in the manner or medium by which products and services are offered for sale and provided to consumers, the petitioner cannot show use on the original
goods or services;
The petitioner still uses the mark on other goods or services reflecting the evolved technology, and the underlying content or subject matter remains unchanged; and
Absent an amendment of the identification, the petitioner would be forced to delete the original goods or services from the registration, and thus lose protection in the registration in relation
to the underlying content or subject matter of the original goods or services.
Petitioner additionally declares that it will not file an affidavit or declaration of incontestability under §15 of the Trademark Act, 15 U.S.C. §1065, as to the evolved goods or services for a
period of at least 5 years from the date of acceptance of the amendment.
Please find attached a specimen showing current use of the mark in commerce on or in connection with the amended goods or services.
Date of first use of the mark anywhere for the goods/services in their evolved form at least as early as: March 1, 2000
Date of first use of the mark in commerce for the goods/services in their evolved form at least as early as: March 1, 2000
Request for Amendment Under Section 7
Current identification: “Audio cassette players,” in International Class 9.
Proposed identification: “CD players and digital audio players," in International Class 9.
FORM FILE NAME(S)
Original PDF file:
02202870_2018223103733909.PDF
Converted PDF file(s) (1 page)
Attachments-1
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 petitioner'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 petitioner in this matter: (1) the petitioner 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 petitioner has filed a power of
attorney appointing him/her in this matter; or (4) the petitioner'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.
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. § 1001, and that such willful false statements and the like may
jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are
true; and all statements made on information and belief are believed to be true.
Signature: /MM/ Date: 03/23/2018
Signatory's Name: Max Moskowitz
Signatory's Position: Attorney for Registrant, New York bar member
Signatory's Phone Number: 2123820700
Submission Signature
Signature: /MM/ Date: 03/23/2018
Signatory's Name: Max Moskowitz
Signatory's Position: Attorney for Registrant, New York Bar Member
Signatory's Phone Number: 2123820700
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 petitioner'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 petitioner in this matter: (1) the petitioner 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 petitioner has filed a power of
attorney appointing him/her in this matter; or (4) the petitioner'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.
RAM Sale Number: 11994
RAM Accounting Date: 03/23/2018
Serial Number: 77283554
Internet Transmission Date: Fri Mar 23 10:47:57 EDT 2018
TEAS Stamp: USPTO/PDR-XX.XXX.XX.XX-20180323104757314
544-3610945-20180323103434951328-CC-1199
4-20180323103434951328
