| PTO Form 1563 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 07/31/2018) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
The table below presents the data as entered.
Input Field
|
Entered
|
| REGISTRATION NUMBER |
3031691 |
| REGISTRATION DATE |
12/20/2005 |
| SERIAL NUMBER |
78444120 |
| MARK SECTION |
| MARK |
ONELINK |
| CORRESPONDENCE SECTION (current) |
| NAME |
CALDWELL A. CAMERO |
| FIRM NAME |
BEST BUY ENTERPRISE SERVICES, INC. |
| INTERNAL ADDRESS |
7601 PENN AVENUE SOUTH |
| STREET |
B6 - LEGAL DEPARTMENT |
| CITY |
RICHFIELD |
| STATE |
Minnesota |
| POSTAL CODE |
55423 |
| COUNTRY |
United States |
| PHONE |
(612) 291-6282 |
| FAX |
(612) 292-2323 |
| EMAIL |
Caldwell.Camero@bestbuy.com |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Sally M. Abel, Esq. and all other attorneys |
| FIRM NAME |
Fenwick & West LLP |
| INTERNAL ADDRESS |
Silicon Valley Center |
| STREET |
801 California Street |
| CITY |
Mountain View |
| STATE |
California |
| POSTAL CODE |
94041 |
| COUNTRY |
United States |
| PHONE |
(650) 988-8500 |
| FAX |
(650) 938-5200 |
| EMAIL |
trademarks@fenwick.com |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
038 |
| GOODS OR SERVICES |
telecommunications services, namely the transmission of voice, data, images, audio, video and information via a global computer information
network, for residential and business use, not for aeronautical communication |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT11\IMAGEOUT 11\784\441\78444120\xml4\ S080002.JPG |
| SPECIMEN DESCRIPTION |
No specimen is being submitted because excusable nonuse is being claimed. |
| EXCUSABLE NONUSE EXPLANATION |
Registrant, Speakeasy Broadband Services, LLC, ceased using the ONELINK mark in September 2010 shortly after its merger with Covad
Communications Company. The mark subsequently was assigned to related company Covad Communications Group Inc. (Covad Communications Company, now MegaPath Inc. and Covad Communications Group Inc.,
collectively "Covad"). Since then, and as a direct result of the merger, Covad has assessed its product offerings, including resuming use of ONELINK. At this time, Covad is in the process of
developing a new marketing plan for ONELINK services, and believes that it is likely to resume use of ONELINK in mid-2012. Accordingly, the non-use of ONELINK, which directly resulted from the sale
of the underlying business, was not the result of intent not to resume use of the mark. There is no intent to abandon. |
| OWNER SECTION (current) |
| NAME |
SPEAKEASY BROADBAND SERVICES, LLC |
| STREET |
2220 O'TOOLE AVENUE |
| CITY |
SAN JOSE |
| STATE |
California |
| ZIP/POSTAL CODE |
95131 |
| COUNTRY |
United States |
| OWNER SECTION (proposed) |
| NAME |
Covad Communications Group, Inc. |
| STREET |
2220 O'TOOLE AVENUE |
| CITY |
SAN JOSE |
| STATE |
California |
| ZIP/POSTAL CODE |
95131 |
| COUNTRY |
United States |
| PHONE |
(650) 988-8500 |
| FAX |
(650) 938-5200 |
| EMAIL |
XXXX |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
| LEGAL ENTITY SECTION (current) |
| TYPE |
limited liability company |
| STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Nevada |
| LEGAL ENTITY SECTION (proposed) |
| TYPE |
corporation |
| STATE/COUNTRY OF INCORPORATION |
Delaware |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| NUMBER OF CLASSES PAID |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL FEE PAID |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/Douglas Carlen/ |
| SIGNATORY'S NAME |
Douglas Carlen |
| SIGNATORY'S POSITION |
General Counsel |
| DATE SIGNED |
12/20/2011 |
| SIGNATORY'S PHONE NUMBER |
408-952-6488 |
| PAYMENT METHOD |
DA |
| FILING INFORMATION |
| SUBMIT DATE |
Tue Dec 20 20:50:16 EST 2011 |
| TEAS STAMP |
USPTO/SECT08-XX.XXX.XXX.X
XX-20111220205016605746-3
031691-490ca6816436139104
17df056a84bba28dc-DA-7999
-20111220173025433390 |
| PTO Form 1563 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 07/31/2018) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
To the Commissioner for Trademarks:
REGISTRATION NUMBER: 3031691
REGISTRATION DATE: 12/20/2005
MARK: ONELINK
The owner, Covad Communications Group, Inc., a corporation of Delaware, having an address of
2220 O'TOOLE AVENUE
SAN JOSE, California 95131
United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.
For International Class 038, 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: telecommunications services, namely the transmission of voice, data, images, audio, video and information via a global computer information network, for
residential and business use, not for aeronautical communication ; 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) No specimen is being submitted because
excusable nonuse is being claimed..
Specimen File1
The following explanation of excusable nonuse has been made of record: Registrant, Speakeasy Broadband Services, LLC, ceased using the ONELINK mark in September 2010 shortly after its merger with
Covad Communications Company. The mark subsequently was assigned to related company Covad Communications Group Inc. (Covad Communications Company, now MegaPath Inc. and Covad Communications Group
Inc., collectively "Covad"). Since then, and as a direct result of the merger, Covad has assessed its product offerings, including resuming use of ONELINK. At this time, Covad is in the process of
developing a new marketing plan for ONELINK services, and believes that it is likely to resume use of ONELINK in mid-2012. Accordingly, the non-use of ONELINK, which directly resulted from the sale
of the underlying business, was not the result of intent not to resume use of the mark. There is no intent to abandon.
The registrant's current Correspondence Information: CALDWELL A. CAMERO of BEST BUY ENTERPRISE SERVICES, INC.
7601 PENN AVENUE SOUTH
B6 - LEGAL DEPARTMENT
RICHFIELD, Minnesota (MN) 55423
United States
The registrant's proposed Correspondence Information: Sally M. Abel, Esq. and all other attorneys of Fenwick & West LLP
Silicon Valley Center
801 California Street
Mountain View, California (CA) 94041
United States
The phone number is (650) 988-8500.
The fax number is (650) 938-5200.
The email address is trademarks@fenwick.com.
A fee payment in the amount of $100 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 and/or 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: /Douglas Carlen/ Date: 12/20/2011
Signatory's Name: Douglas Carlen
Signatory's Position: General Counsel
Signatory's Phone Number: 408-952-6488
Serial Number: 78444120
Internet Transmission Date: Tue Dec 20 20:50:16 EST 2011
TEAS Stamp: USPTO/SECT08-XX.XXX.XXX.XXX-201112202050
16605746-3031691-490ca681643613910417df0
56a84bba28dc-DA-7999-2011122017302543339
0
