Section 7 Request

PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp. 07/31/2018)

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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. 2979311 SOJOURN(Standard Characters) has been amended as follows:

EXPLANATION OF FILING

On March 14, 2011, Applicant's attorney of record filed a Combined Declaration of Use and Incontestability under Section 8 & 15, which stated the following goods should be deleted from the registration:  reels, lines, line guides, hooks, lures, artificial baits, creels, floats, fishing weights, namely, sinkers, landing nets for anglers, fishing bags, fishing gloves, fishing rod cases, fishing tackle containers, hip-guards specially made for fishing.  The Combined Declaration of Use and Incontestability stated the "mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class: Fishing tackle, namely, rods." 

 

Thus, the goods listed in the registration should comprise "fishing tackle, namely, rods."  The goods deleted from the registration should have included "reels, lines, line guides, hooks, lures, artificial baits, creels, floats, fishing weights, namely, sinkers, landing nets for anglers, fishing bags, fishing gloves, fishing rod cases, fishing tackle containers, hip-guards specially made for fishing."

 

The U.S. Patent and Trademark Office (“PTO”) records, however, incorrectly list the goods in the registration as "Fishing tackle, namely, reels, lines, line guides, hooks, lures, artificial baits, creels, floats, fishing weights, namely, sinkers, landing nets for anglers, fishing bags, fishing gloves, fishing rod cases, fishing tackle containers, hip-guards specially made for fishing."  The PTO records should list the goods as “fishing tackle, namely, rods.” 

 

Applicant requests the PTO records be updated to correct the mistake by the PTO. 

 

Please contact Applicant’s attorney of record, Richard C. Gilmore, via telephone at 435-252-1360 or email at rgilmore@mgiip.com if there are any questions. 

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Fishing tackle, namely, reels, [ rods, ] lines, line guides, hooks, lures, artificial baits, creels, floats, fishing weights, namely, sinkers, landing nets for anglers, fishing bags, fishing gloves, fishing rod cases, fishing tackle containers, hip-guards specially made for fishing
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2004 and first used in commerce at least as early as 04/00/2004, and is now in use in such commerce.

Proposed: Class 028 for Fishing tackle, namely, rods
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2004 and first used in commerce at least as early as 04/00/2004, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Shimano Inc., a corporation of JAPAN (JPX), having an address of
      3-77 Oimatsu-cho, Sakai-ku
      Sakai City, Osaka, 590-8577
      Japan
      XXXX
Proposed: Shimano Inc., a corporation of Japan, having an address of

      3-77 Oimatsu-cho, Sakai-ku
      Sakai City, Osaka, 590-8577
      Japan
      XXXX


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: RICHARD C. GILMORE MASCHOFF GILMORE & ISRAELSEN 1441 W. UTE BLVD. SUITE 100 PARK CITY Utah (UT) United States (USX) 84098
Proposed: Richard C. Gilmore of Maschoff Gilmore & Israelsen, having an address of 1441 W. UTE BLVD. SUITE 100 PARK CITY, Utah United States 84098, whose e-mail address is rgilmore@mgiip.com, whose phone number is (435) 252-1360 and whose fax number is (435) 252-1361.
The attorney docket/reference number is S1008.80369US01.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: RICHARD C. GILMORE MASCHOFF GILMORE & ISRAELSEN 1441 W. UTE BLVD. SUITE 100 PARK CITY Utah (UT) United States (USX) 84098
Proposed: Richard C. Gilmore of Maschoff Gilmore & Israelsen, having an address of 1441 W. UTE BLVD. SUITE 100 PARK CITY, Utah United States 84098, whose e-mail address is rgilmore@mgiip.com;docket@mgiip.com, whose phone number is (435) 252-1360 and whose fax number is (435) 252-1361.
The docket/reference number is S1008.80369US01.



I hereby elect not to submit any fee. I believe no fee is required because I am seeking to correct an immaterial, e.g., clerical, error that was the fault of the USPTO, rather than the fault of the owner. I understand that the Office may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
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. §1001, and that such willful false statements may jeopardize the validity of the application or document or any resulting 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: /Richard C. Gilmore/      Date: 01/30/2012
Signatory's Name: Richard C. Gilmore
Signatory's Position: Attorney of Record, California bar member

Request Signature
Signature: /Richard C. Gilmore/     Date: 01/30/2012
Signatory's Name: Richard C. Gilmore
Signatory's Position: Attorney of Record, California bar member

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 registrant'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 registrant 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 registrant has filed a power of attorney appointing him/her in this matter; or (4) the registrant'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:    Richard C. Gilmore
   Maschoff Gilmore & Israelsen
   SUITE 100
   1441 W. UTE BLVD.
   PARK CITY, Utah 84098
        
Serial Number: 78307568
Internet Transmission Date: Mon Jan 30 10:58:44 EST 2012
TEAS Stamp: USPTO/S7R-XXX.XXX.XXX.XXX-20120130105844
008949-2979311-4901ddb5ca5d4a675548e40aa
6fc119ec7a-N/A-N/A-20120130104855567292