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 1597 (Rev 11/2007) |
OMB No. 0651-0055 (Exp 07/31/2018) |
Section 7 Request Form
The table below presents the data as entered.
Input Field
|
Entered
|
REGISTRATION NUMBER |
3751575 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
SERIAL NUMBER |
77744451 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/77744451/large |
LITERAL ELEMENT |
EVOSHIELD |
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. |
OWNER SECTION (current) |
NAME |
Evoshield, LLC |
DBA/AKA/TA/Formerly |
DBA Evoshield |
STREET |
300 Commerce Blvd. |
CITY |
Bogart |
STATE |
Georgia |
ZIP/POSTAL CODE |
30622 |
COUNTRY |
United States |
PHONE |
770-725-2724 |
FAX |
678-753-0100 |
EMAIL |
XXXX |
LEGAL ENTITY SECTION (current) |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Georgia |
LEGAL ENTITY SECTION (proposed) |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Delaware |
EXPLANATION OF FILING |
Registrant believes an amended certificate is needed due to corrected ownership. However, if the Director determines that a new or corrected
certificate is more appropriate based on the facts below, then Registrant requests a new or corrected certificate. Particularly, Registrant requests that the registrant/owner's name be changed from
Evoshield, LLC a Georgia limited liability company to Evoshield, LLC a Delaware limited liability company. Evoshield, LLC was originally organized in Georgia in 2007, but this limited liability
company was dissolved in 2008. Evoshield, LLC was then organized in Delaware in 2008 and continued to operate a place of business in Georgia. The party that applied to register the mark, Evoshield,
LLC, in May 2009 was in fact the owner of the mark (and the corresponding application), but there was a mistake in the manner in which the name of the applicant was set out in the application. As
originally filed, the applicant for this mark inadvertently identified its place of business (Georgia) as its place of organization (Delaware). Indeed, at the time of filing this mark, Evoshield, LLC
was organized in Delaware and Evoshield, LLC a Georgia limited liability company did not exist. TMEP 1609.10(b) states that a "registration can be corrected to cure an inadvertent error in the manner
in which the owner's name is set forth." The TMEP goes on to indicate that TMEP 1201.02(c) lists several examples of correctable errors in identifying the applicant, including "(7) Non-Existent
Entity. If the party listed as the applicant did not exist on the application filing date, the application may be amended to correct the applicant's name." Thus, pursuant to TMEP 1609.10(b), because
the applicant (now registrant), Evoshield, LLC, inadvertently made a mistake in the manner in which it set out its name in the application, namely, by using its place of business instead of its place
of organization, Registrant requests that the registration be corrected to reflect that the registrant/owner is Evoshield, LLC a Delaware limited liability company. |
ATTORNEY SECTION |
NEW ATTORNEY SECTION |
NAME |
Daniel E. Sineway |
FIRM NAME |
Morris, Manning & Martin, LLP |
INDIVIDUAL ATTORNEY
DOCKET/REFERENCE NUMBER |
27092-109221 |
OTHER APPOINTED ATTORNEY |
all other attorneys of Morris, Manning & Martin, LLP |
INTERNAL ADDRESS |
1600 ATLANTA FINANCIAL CENTER |
STREET |
3343 Peachtree Road NE |
CITY |
Atlanta |
STATE |
Georgia |
ZIP/POSTAL CODE |
30326 |
COUNTRY |
United States |
PHONE |
4042337000 |
FAX |
4042337000 |
EMAIL |
mmmipdocket@system.foundationip.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
CORRESPONDENCE SECTION |
ORIGINAL ADDRESS |
EVOSHIELD, LLC
EVOSHIELD, LLC
300 COMMERCE BLVD
BOGART
Georgia
United States
30622-2224
|
NEW CORRESPONDENCE SECTION |
NAME |
Daniel E. Sineway |
FIRM NAME |
Morris, Manning & Martin, LLP |
DOCKET/REFERENCE NUMBER |
27092-109221 |
INTERNAL ADDRESS |
1600 ATLANTA FINANCIAL CENTER |
STREET |
3343 Peachtree Road NE |
CITY |
Atlanta |
STATE |
Georgia |
ZIP/POSTAL CODE |
30326 |
COUNTRY |
United States |
PHONE |
4042337000 |
FAX |
4042337000 |
EMAIL |
mmmipdocket@system.foundationip.com; mmmipdocket@system.foundationip.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
PAYMENT SECTION |
SECTION 7 FEE |
100 |
TOTAL FEES DUE |
100 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Bryan D Stewart/ |
SIGNATORY'S NAME |
Bryan D. Stewart |
SIGNATORY'S POSITION |
Attorney of record, GA bar member |
DATE SIGNED |
04/05/2016 |
REQUEST SIGNATURE |
/Bryan D. Stewart/ |
SIGNATORY'S NAME |
Bryan D. Stewart |
SIGNATORY'S POSITION |
Attorney of record, GA bar member |
DATE SIGNED |
04/05/2016 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT § 8, 8 &15, OR 8 &9 FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 05 10:12:43 EDT 2016 |
TEAS STAMP |
USPTO/S7R-XX.XXX.XXX.XXX-
20160405101243440260-3751
575-55015263f26de886564c0
9c69e89bbbdb8ae43ca189be2
ee8a80f57fcadd9eb92c-DA-9
275-20160405085756929896 |
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 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.
3751575 EVOSHIELD(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/77744451/large) has been
amended as follows:
EXPLANATION OF FILING
Registrant believes an amended certificate is needed due to corrected ownership. However, if the Director determines that a new or corrected certificate is more appropriate based on the facts below,
then Registrant requests a new or corrected certificate. Particularly, Registrant requests that the registrant/owner's name be changed from Evoshield, LLC a Georgia limited liability company to
Evoshield, LLC a Delaware limited liability company. Evoshield, LLC was originally organized in Georgia in 2007, but this limited liability company was dissolved in 2008. Evoshield, LLC was then
organized in Delaware in 2008 and continued to operate a place of business in Georgia. The party that applied to register the mark, Evoshield, LLC, in May 2009 was in fact the owner of the mark (and
the corresponding application), but there was a mistake in the manner in which the name of the applicant was set out in the application. As originally filed, the applicant for this mark inadvertently
identified its place of business (Georgia) as its place of organization (Delaware). Indeed, at the time of filing this mark, Evoshield, LLC was organized in Delaware and Evoshield, LLC a Georgia
limited liability company did not exist. TMEP 1609.10(b) states that a "registration can be corrected to cure an inadvertent error in the manner in which the owner's name is set forth." The TMEP goes
on to indicate that TMEP 1201.02(c) lists several examples of correctable errors in identifying the applicant, including "(7) Non-Existent Entity. If the party listed as the applicant did not exist
on the application filing date, the application may be amended to correct the applicant's name." Thus, pursuant to TMEP 1609.10(b), because the applicant (now registrant), Evoshield, LLC,
inadvertently made a mistake in the manner in which it set out its name in the application, namely, by using its place of business instead of its place of organization, Registrant requests that the
registration be corrected to reflect that the registrant/owner is Evoshield, LLC a Delaware limited liability company.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Evoshield, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
300 Commerce Blvd.
Bogart, Georgia 30622
United States
XXXX (not authorized)
770-725-2724
678-753-0100
Proposed: Evoshield, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
300 Commerce Blvd.
Bogart, Georgia 30622
United States
XXXX (not authorized)
770-725-2724
678-753-0100
ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current:
Proposed: Daniel E. Sineway of Morris, Manning & Martin, LLP, having an address of 3343 Peachtree Road NE 1600 ATLANTA FINANCIAL CENTER Atlanta, Georgia United States 30326, whose e-mail
address is mmmipdocket@system.foundationip.com, whose phone number is 4042337000 and whose fax number is 4042337000.
The attorney docket/reference number is 27092-109221.
The Other Appointed Attorney(s): all other attorneys of Morris, Manning & Martin, LLP.
CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: EVOSHIELD, LLC EVOSHIELD, LLC 300 COMMERCE BLVD BOGART Georgia United States 30622-2224
Proposed: Daniel E. Sineway of Morris, Manning & Martin, LLP, having an address of 3343 Peachtree Road NE 1600 ATLANTA FINANCIAL CENTER Atlanta, Georgia United States 30326, whose e-mail
address is mmmipdocket@system.foundationip.com; mmmipdocket@system.foundationip.com, whose phone number is 4042337000 and whose fax number is 4042337000.
The docket/reference number is 27092-109221.
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 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: /Bryan D Stewart/ Date: 04/05/2016
Signatory's Name: Bryan D. Stewart
Signatory's Position: Attorney of record, GA bar member
Signatory's Phone: 4042337000
Request Signature
Signature: /Bryan D. Stewart/ Date: 04/05/2016
Signatory's Name: Bryan D. Stewart
Signatory's Position: Attorney of record, GA bar member
Signatory's Phone: 4042337000
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 owner's/holder'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 owner/holder 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 owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder'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: Daniel E. Sineway
Morris, Manning & Martin, LLP
1600 ATLANTA FINANCIAL CENTER
3343 Peachtree Road NE
Atlanta, Georgia 30326
RAM Sale Number: 3751575
RAM Accounting Date: 04/05/2016
Serial Number: 77744451
Internet Transmission Date: Tue Apr 05 10:12:43 EDT 2016
TEAS Stamp: USPTO/S7R-XX.XXX.XXX.XXX-201604051012434
40260-3751575-55015263f26de886564c09c69e
89bbbdb8ae43ca189be2ee8a80f57fcadd9eb92c
-DA-9275-20160405085756929896