Post Publication Amendment

PTO Form 1771 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1771 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Post-Publication Amendment

To the Commissioner for Trademarks:

Application serial no. 78803485 has been amended as follows:

EXPLANATION OF FILING
We are submitting a substitute specimen following the filing of an Allegation of Use. The prior specimen was rejected.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Endorsement services, namely, promoting the architectural designs of others, namely, promoting modern home architectural designs of others; endorsement services, namely, promoting the architectural designs of others, namely, promoting sustainable modern architectural designs of others
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 035, the mark was first used at least as early as 02/10/2009 and first used in commerce at least as early as 02/10/2009.

Proposed: Class 035 for Endorsement services, namely, promoting the architectural designs of others, namely, promoting modern home architectural designs of others; endorsement services, namely, promoting the architectural designs of others, namely, promoting sustainable modern architectural designs of others
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

In International Class 035, the mark was first used at least as early as 02/10/2009. and first used in commerce at least as early as 02/10/2009.

Applicant hereby submits a new specimen for Class 035. The specimen(s) submitted consists of A screenshot the website of Marmol Radziner Prefab showing that a line of modern home designs is being promoted and endorsed using the "dwell" trademark..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-6818595169-163354414_._Dwell_Homes_Collection_Marmol_Radziner_Prefab.pdf
Converted PDF file(s) (1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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 any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Jeffery Anne Tatum/      Date: 07/10/2009
Signatory's Name: Jeffery Anne Tatum
Signatory's Position: Attorney of Record, California bar member


Signature: /Jeffery Anne Tatum/     Date: 07/10/2009
Signatory's Name: Jeffery Anne Tatum
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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

        
Serial Number: 78803485
Internet Transmission Date: Fri Jul 10 16:48:07 EDT 2009
TEAS Stamp: USPTO/PPA-XX.XXX.XX.XXX-2009071016480795
9411-78803485-43090b1e97e519a9e53bbafeb9
dd5bda8-N/A-N/A-20090710163354414228