PTO Form 1553 (Rev 9/2005) |
OMB No. 0651-0054 (Exp. 09/30/2011) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
78350013 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
NOTICE OF ALLOWANCE |
YES |
EXTENSION OF USE |
NO |
REQUEST TO DIVIDE |
NO |
MARK SECTION |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
LITERAL ELEMENT |
ESPN |
OWNER SECTION (no change) |
ATTORNEY SECTION (current) |
NAME |
Kristen M. Walsh, Corinne R. Gorski, and Jeffrey L. Costellia |
FIRM NAME |
Nixon Peabody LLP |
CITY |
Clinton Square P.O. |
STATE |
Box |
POSTAL CODE |
31051 |
COUNTRY |
United States |
PHONE |
(585) 263-1000 |
FAX |
(585) 263-1600 |
EMAIL |
nytm@nixonpeabody.com |
ATTORNEY SECTION (proposed) |
NAME |
Kristen M. Walsh |
FIRM NAME |
Nixon Peabody LLP |
STREET |
1100 Clinton Square |
CITY |
Rochester |
STATE |
New York |
POSTAL CODE |
14604 |
COUNTRY |
United States |
PHONE |
(585) 263-1000 |
FAX |
(585) 263-1600 |
EMAIL |
nytm@nixonpeabody.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
ATTORNEY DOCKET NUMBER |
039928/014272 |
OTHER APPOINTED ATTORNEY |
Corinne R. Gorski, Jeffrey L. Costellia, and Richard P. Flaggert |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
012 |
CURRENT IDENTIFICATION |
Bicycles; motorized and non-motorized scooters; sporting goods, namely, bikes |
GOODS AND/OR SERVICES |
DELETE ENTIRE CLASS |
INTERNATIONAL CLASS |
028 |
CURRENT IDENTIFICATION |
Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action
figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards; toy vehicle playsets; toy vehicle playsets with toy event stages; toy action figure playsets; toy
action figure playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; playing
cards; hand held electronic games pertaining to sports; electronic basketball backboards; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith; inflatable
balls, beach balls, billiard balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs in the nature of noise-making party favors; party favors in
the nature of crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, skateboards, protective knee, elbow and wrist pads, snowboards,
wakeboards and toy scooters |
GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A SEPARATE REQUEST TO DIVIDE |
miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards; toy
vehicle playsets; toy vehicle playsets with toy event stages; toy action figure playsets; toy action figure playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy
gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; hand held electronic games pertaining to sports; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs
and Balls for use therewith; inflatable balls, beach balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs in the nature of noise-making party
favors; party favors in the nature of crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, skateboards, protective knee, elbow and
wrist pads, snowboards, wakeboards and toy scooters |
GOODS OR SERVICES IN USE IN COMMERCE |
Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables; playing cards; electronic basketball
backboards; billiard balls |
FIRST USE ANYWHERE DATE |
08/00/2005 |
FIRST USE IN COMMERCE DATE |
08/00/2005 |
SPECIMEN FILE NAME(S) |
\\TICRS2\EXPORT13\783\500 \78350013\xml1\SOU0002.JP G |
SPECIMEN DESCRIPTION |
image of mark directly on product |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
SUBTOTAL AMOUNT |
100 |
TOTAL AMOUNT |
100 |
SIGNATURE SECTION |
SIGNATURE |
/david r pahl/ |
SIGNATORY'S NAME |
David R. Pahl |
SIGNATORY'S POSITION |
Senior Vice President |
DATE SIGNED |
08/29/2007 |
FILING INFORMATION |
SUBMIT DATE |
Wed Aug 29 13:19:45 EDT 2007 |
TEAS STAMP |
USPTO/SOU-XXX.XXX.XX.XXX-
20070829131945746192-7835
0013-380ca30a383d3636573f
d94a457bb9db66-DA-5599-20
070829111157126897 |
PTO Form 1553 (Rev 9/2005) |
OMB No. 0651-0054 (Exp. 09/30/2011) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: ESPN
SERIAL NUMBER: 78350013
This Allegation of Use is being filed after a Notice of Allowance has issued.
The applicant, ESPN, Inc., having an address of ESPN Plaza, Bristol, Connecticut United States 06010, is using or is using through a related company or licensee the mark in commerce on or in
connection with the goods and/or services as follows:
For International Class 012:
Current identification: Bicycles; motorized and non-motorized scooters; sporting goods, namely, bikes
This
entire class is to either be
deleted from the application OR
processed according to a separately filed Request to Divide.
For International Class 028:
Current identification: Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action figures, remote
control action figures, remote control play vehicles, fingerbikes, fingerboards; toy vehicle playsets; toy vehicle playsets with toy event stages; toy action figure playsets; toy action figure
playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; playing cards; hand
held electronic games pertaining to sports; electronic basketball backboards; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith; inflatable balls, beach
balls, billiard balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs in the nature of noise-making party favors; party favors in the nature of
crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, skateboards, protective knee, elbow and wrist pads, snowboards, wakeboards and
toy scooters
The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance,
except the following: miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards; toy vehicle playsets; toy
vehicle playsets with toy event stages; toy action figure playsets; toy action figure playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy gliders; flying
discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; hand held electronic games pertaining to sports; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs and Balls for use
therewith; inflatable balls, beach balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs in the nature of noise-making party favors; party
favors in the nature of crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, skateboards, protective knee, elbow and wrist pads,
snowboards, wakeboards and toy scooters.
The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Toys and games, namely, hand-held or table-top electronic games,
board games, multi-sport game tables; playing cards; electronic basketball backboards; billiard balls. The mark was first used by the applicant, or the applicant's related company, licensee, or
predecessor in interest at least as early as 08/00/2005, and first used in commerce at least as early as 08/00/2005, and is now in use in such commerce. The applicant is submitting one specimen for
the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) image of mark directly on product.
Specimen File1
The applicant hereby appoints Kristen M. Walsh and Corinne R. Gorski, Jeffrey L. Costellia, and Richard P. Flaggert of Nixon Peabody LLP, 1100 Clinton Square, Rochester, New York United States
14604 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 039928/014272.
A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.
Declaration
Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above,
as evidenced by the attached specimen(s) showing the mark as used in commerce.
The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /david r pahl/ Date Signed: 08/29/2007
Signatory's Name: David R. Pahl
Signatory's Position: Senior Vice President
Mailing Address:
Nixon Peabody LLP
Clinton Square P.O., Box 31051
Mailing Address:
Nixon Peabody LLP
1100 Clinton Square
Rochester, New York 14604
RAM Sale Number: 5599
RAM Accounting Date: 08/29/2007
Serial Number: 78350013
Internet Transmission Date: Wed Aug 29 13:19:45 EDT 2007
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-200708291319457
46192-78350013-380ca30a383d3636573fd94a4
57bb9db66-DA-5599-20070829111157126897