Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77798106

Filing Date: 08/05/2009

To the Commissioner for Trademarks:

MARK: BURLEY (Standard Characters, see mark)
The literal element of the mark consists of BURLEY.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Burley Design LLC, a limited liability company legally organized under the laws of Oregon, having an address of
      4020 Stewart Road
      Eugene, Oregon 97402
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 012:  bicycle trailers, bicycle trailers for hauling pets, trailing cycles, racks for bicycle saddle bags, racks for connecting trailer cycles to bicycles, bicycle trailer stroller kit for converting a bicycle trailer to a stroller, bicycle trailer jogger kit for converting a bicycle trailer to ajogger, bicycle trailer covers, bicycle trailer hitches, bicycle trailer handle bar bags, infant holders for bicycle trailers, bicycle trailer ski kit for converting bicycle trailer from traveling on wheels to traveling on skis, compartment divider for bicycle trailers, bicycle trailer kick stands, bicycle trailer suspensions, tail gates for bicycle trailers, sun shades for attachments to bicycle trailers, racks for mounting to bicycle trailers, bicycle trailer flag kit comprising a pole and flag, bicycle trailer wheel assemblies, bicycle trailer seats, bicycle trailer tow bar hitch receivers, bicycle trailer straps, bicycle trailer swing arm assemblies, bicycle trailer side panels, bicycle trailer tow bar assemblies, bicycle trailer wheels, bicycle trailer frames, bicycle trailer pads, and bicycle trailer parts, namely wheel guards, frame components, frame rods, battens, brake assemblies, floors, axle assemblies, chain guards, wheel dust caps, wheel bearings, hinges, brackets, and brake calipers

In International Class 012, the mark was first used at least as early as 12/31/1977, and first used in commerce at least as early as 12/31/1977, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photograph of the mark on the goods.
Specimen File1

       International Class 018:  reusable shopping bags, tote bags, commuter bags, water proof bags, duffle bags, fabric pouches, all purpose carrying bags, shoulder straps, and bicycle trailer bags
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 020:  display racks

In International Class 020, the mark was first used at least as early as 02/22/2007, and first used in commerce at least as early as 02/22/2007, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photograph of the mark on the goods.
Specimen File1

       International Class 022:  tie down straps, cargo nets
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).


For Class 12, the date of first use anywhere and the date of first use in interstate commerce alleged in the application applies to "bicycle trailers."

The applicant's current Attorney Information:
David P. Petersen and Patrick M. Bible, Karri K. Bradley, Lisa M. Caldwell, J. Christopher Carraway, Kristin L. Cleveland, Robert T. Cruzen, Scott E. Davis, Amy B. Durocher, James E. Geringer, Michael P. Girard, Susan W. Graf, Jeffrey B. Haendler, Michael D. Hammer, Tanya M. Harding, Kevin M. Hayes, Stephanie S. Irvine, Joseph T. Jakubek, Stephen J. Joncus, Cory A. Jones, Michael D. Jones, Ramon A. Klitzke II, James S. Leigh, Jeffrey S. Love, Genie Lyons, Gregory L. Maurer, William D. Noonan, David P. Petersen, Lloyd L. Pollard II, Richard J. Polley, Kyle B. Rinehart, Wayne R. Rupert, Sheree Lynn Rybak, Robert F. Scotti, Todd M. Siegel, Stacey C. Slater, Donald L. Stephens Jr., A. Jonathan Vance, John D. Vandenberg, Stephen A. Wight, Mark W. Wilson and Garth A. Winn, all members of the Bar of the State of Oregon; and Michael P. Matesky, II, Adam R. Wichman, Michael N. Zachary, all members of the Bar of the State of Washington of Klarquist Sparkman, LLP

      One World Trade Center, Suite 1600
      121 SW Salmon Street
      Portland, Oregon 97204
      United States
The attorney docket/reference number is 8292-83497-01/DPP.

The applicant's current Correspondence Information:

David P. Petersen

Klarquist Sparkman, LLP

One World Trade Center, Suite 1600       121 SW Salmon Street

Portland, Oregon 97204

503-595-5300(phone)

503-595-5301(fax)

ptotmdocket@klarquist.com (authorized)

A fee payment in the amount of $1300 has been submitted with the application, representing payment for 4 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /Michael P. Coughlin/   Date Signed: 08/05/2009
Signatory's Name: Michael P. Coughlin
Signatory's Position: Manager



RAM Sale Number: 7162
RAM Accounting Date: 08/06/2009

Serial Number: 77798106
Internet Transmission Date: Wed Aug 05 19:57:47 EDT 2009
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2009080519574716
5328-77798106-400be80a92f347f64aa1bac982
23f90bd6d-CC-7162-20090805191744902674