PR-Section 15

PTO Form 1573 (Rev 5/2006)

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

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PTO Form 1573 (Rev 5/2006)

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

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3406594
REGISTRATION DATE: 04/01/2008

MARK: NIKE

The owner, Nike, Inc., a corporation of Oregon, having an address of
      One Bowerman Drive
      Beaverton, Oregon 97005
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 009, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark 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 class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts. This statement is entirely true EXCEPT for the following goods or services:

Computer software in the field of health and fitness used to manage digital music, store and organize digital music, create custom compact discs, download digital music from the internet, build, manage and transfer play lists, categorize music by tempo, log fitness data, namely injuries, create workout schedules and goals, digital audio equipment, namely portable digital music players and walkie talkies; cellular telephones; video game software; compact disc players; specialty carrying cases for cellular telephones, portable digital audio equipment, and compact disc players; pedometers.

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Computer software in the field of health and fitness used to log fitness data, namely times, paces, and heart rate; download data from a watch to a computer; headphones
The registrant's current Attorney Information: Jaime M. Lemons of  NIKE, INC.
      ONE BOWERMAN DRIVE, DF-4
      BEAVERTON, Oregon (OR) 97005
      United States


The registrant's proposed Attorney Information: Kristen K. Downer of  NIKE, INC.
      ONE BOWERMAN DRIVE, DF-4
      BEAVERTON, Oregon (OR) 97005
      United States



The phone number is 503-671-6453.

The fax number is 503-646-6926.

The email address is Nike.Docket@nike.com.
The registrant's current Correspondence Information: Jaime M. Lemons of  NIKE, INC.
      ONE BOWERMAN DRIVE, DF-4
      BEAVERTON, Oregon (OR) 97005
      United States


The registrant's proposed Correspondence Information: Kristen K. Downer of  NIKE, INC.
      ONE BOWERMAN DRIVE, DF-4
      BEAVERTON, Oregon (OR) 97005
      United States



The phone number is 503-671-6453.

The fax number is 503-646-6926.

The email address is Nike.Docket@nike.com;leah.kling@nike.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).

Declaration


The mark has been in continuous use in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce. There has been no final decision adverse to the owner's claim of ownership of such mark, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the U.S. Patent and Trademark Office or in the courts.

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: /KristenKDowner/      Date: 03/31/2014
Signatory's Name: Kristen K. Downer
Signatory's Position: Assistant General Counsel

Mailing Address (current):
   NIKE, INC.
   ONE BOWERMAN DRIVE, DF-4
   BEAVERTON, Oregon 97005

Mailing Address (proposed):
   NIKE, INC.
   ONE BOWERMAN DRIVE, DF-4
   BEAVERTON, Oregon 97005

Serial Number: 78528705
Internet Transmission Date: Mon Mar 31 18:28:35 EDT 2014
TEAS Stamp: USPTO/SECT15-XXX.XXX.XXX.XX-201403311828
35554577-3406594-5005a527956826465c565a9
6af21506f77957112b4a48959136bd60e0dbcfbf
b3-DA-5756-20140331170241029836