PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3820830
REGISTRATION DATE: 07/20/2010

MARK: POSITOUCH

Current: The owner, Restaurant Data Concepts, Inc., a corporation of Rhode Island, having an address of
      491 Kilvert Street
      Warwick, Rhode Island 02886
      United States
      401-732-5700

Proposed: The owner, Positouch, LLC, a limited liability company legally organized under the laws of Rhode Island, having an address of
      491 Kilvert Street
      Warwick, Rhode Island 02886
      United States
      401-732-5700
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 009, the mark is 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 for this specific class: Computer, computer printers and computer programs for use by restaurants, namely, computer programs for handling point of sale transactions, real-time sales reports, inventory management, management of reservations, payroll, timekeeping and tracking tips ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) image of Registrant's computer and software with the subject mark affixed and screen shots from Registrant's website which provides information related to its software product with the subject mark prominently affixed.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11

MISCELLANEOUS STATEMENTS
An entity conversion was recorded in 2017 updating the owner of the instant Registration from Restaurant Data Concepts, Inc to Positouch, LLC. We have updated this information in the renewal form, however, there appears to be a glitch that is preventing the ownership from being properly updated on the text form for e-signature page. Attached is a copy of the application data input which properly shows the Positouch, LLC as the current owner. We respectfully request that the USPTO update the ownership information to Positouch, LLC upon processing this Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9.

Original PDF file:
MISC-471911182-2020072012 5601901880_._n_for_Renewa l_of_Registration_of_a_Ma rk_under_Sections_8___9.pdf
Converted PDF file(s) (5 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5

The owner's/holder's current attorney information: David R. Josephs. David R. Josephs of BARLOW, JOSEPHS & HOLMES, LTD., is located at

      101 DYER ST FL 5
      PROVIDENCE, Rhode Island 02903-3926
      United States
The docket/reference number is R51T2894US.

The phone number is 401-273-4446.

The fax number is 401-273-4447.

The email address is drj@barjos.com

The owner's/holder's proposed attorney information: Peter Nussbaum. Other appointed attorneys are Joshua Lee, Abigail Remore, Neha Bhalani, Paula Brueckner, Anthony DiIonno. Peter Nussbaum of Chiesa Shahinian & Giantomasi PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      One Boland Drive
      West Orange, New Jersey 07052
      United States
The docket/reference number is 14811/49/147.

The phone number is 973-530-2025.

The fax number is 973-530-2225.

The email address is pnussbaum@csglaw.com

Peter Nussbaum submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      DAVID R. JOSEPHS
      PRIMARY EMAIL FOR CORRESPONDENCE: drj@barjos.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm@barjos.com

The docket/reference number is R51T2894US.
Correspondence Information (proposed):
      Peter Nussbaum
      PRIMARY EMAIL FOR CORRESPONDENCE: pnussbaum@csglaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@csglaw.com; tmdocketing@csglaw.com

The docket/reference number is 14811/49/147.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $425 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 and the registration, 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: /Jordan Frankel/    Date: 07/20/2020
Signatory's Name: Jordan Frankel
Signatory's Position: General Counsel
Signatory's Phone: Attorney's Phone Number: 973-530-2025

Mailing Address (current):
   BARLOW, JOSEPHS & HOLMES, LTD.
   101 DYER ST FL 5
   PROVIDENCE, Rhode Island 02903-3926

Mailing Address (proposed):
   Chiesa Shahinian & Giantomasi PC
   One Boland Drive
   West Orange, New Jersey 07052

Serial Number: 77844341
Internet Transmission Date: Mon Jul 20 15:54:05 ET 2020
TEAS Stamp: USPTO/S08N09-XX.XX.XXX.XX-20200720155405
299858-3820830-7408660c07059ad48ac6d573f
c9dab2b894d33678ab5e94fa5143c064c847a4-C
C-54022952-20200720142222129599