Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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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 (stylized and/or with design)
SERIAL NUMBER: 78350025

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 009:
Current identification: Sporting goods, namely, helmets

This entire class is to either be deleted from the application OR processed according to a separately filed Request to Divide.


For International Class 012:
Current identification: Bicycles; motorized and non-motorized scooters

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, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; playing cards; 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, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys;; 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 039928/01917.

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: 08/16/2007
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: 8656
RAM Accounting Date: 08/17/2007

Serial Number: 78350025
Internet Transmission Date: Thu Aug 16 15:21:41 EDT 2007
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-200708161521411
49437-78350025-380b52b439e6a76fa37169ee5
b1eabfc8af-DA-8656-20070816143210520376