PR-Section 15

PTO Form 4.16 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 4.16 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2992649
REGISTRATION DATE: 09/06/2005

MARK: VW

The owner, Volkswagen Aktiengesellschaft, aktiengesellschaft legally organized under the laws of Germany, having an address of
      Brieffach 1773
      Wolfsburg, 38436
      Germany
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 007, the filing does not apply.

For International Class 012, 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 or services 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 those goods or services, 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:

lorries, trailers, buses, trains, locomotives, tricycles, unicycles, motorcycles, snowmobiles, airplanes, boats and ships, hot air balloons and dirigibles, camping trailers, folding and hard side camping trailers, motor homes, conversion vans, travel trailers, camper coaches

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Apparatus for locomotion by land, air or water including vehicles, namely, automobiles, trucks, vans, sport utility vehicles, their structural and replacement parts; engines for land vehicles

For International Class 016, 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 or services 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 those goods or services, 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:

typewriters, pens and office articles not including furniture, namely, office hole punchers, glues for the office, punches, rubber bands;

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Goods made from paper and cardboard, namely, calendars, boxes of paper or cardboard, packing cardboard, bond paper, art paper; printed matter, namely, atlases and geographical maps, books and printed instructional and teaching materials in the field of science and technology; stationery; ball point pens and pencils, paper flags and table napkins of paper

For International Class 028, 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 or services 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 those goods or services, 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:

toy building blocks, building games, gymnastic and sporting articles, namely, gymnastic horizontal bars, gymnastic training stools, gymnastic parallel bars, gymnastic vaulting horses, apparatus for electronic games other than those adapted for use with television receivers only, namely, arcade type electronic education video games, electronic dart games, and handheld unit for playing electronic games

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Games and playthings, namely, board games, namely, checkers, playing cards, scale model vehicles, and scale model cars, balls, plush toys

For International Class 035, 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 or services 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 those goods or services, 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:

agencies, advertising agencies, namely, promoting the services of automobile dealerships, banks, through the distribution of audio promotional materials and by rendering sales promotion advice; advertising agencies; cooperative advertising; providing television advertising for others; dissemination of advertising for others via an online electronic communications network; personnel management consultancy, business management consultancy, organization of trade fairs for commercial or advertising purposes

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Advertising, namely, direct mail advertising, electronic billboard advertising, television advertising, dissemination of advertising matter, for others disseminated via printed publications, radio, television, and an on-line communications network; providing advertising space in a periodical; business management; business administration and office work; personnel recruitment, public relations

For International Class 036, 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 or services 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 those goods or services, 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:

Insurance, namely, health insurance underwriting, insurance brokerage, accident insurance underwriting; financial services and monetary affairs, namely, issuance of credit cards, banking, credit bureaus, financial consultancy, hire-purchase financing, saving banks and installment loans; real estate affairs, namely, apartment house management, real estate management, real estate appraisal, rental of office space, renting of apartments, real estate agencies, apartment locators, leasing of real estate; telecommunications air time brokerage services

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: loans financing

For International Class 037, 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 or services listed in the existing registration for this class:Repair and maintenance of vehicles including vehicle repair in the course of vehicle breakdown service; cleaning, repairing, maintenance and polishing of vehiclesAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, 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.

For International Class 038, the filing does not apply.

For International Class 039, 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 or services 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 those goods or services, 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:

emergency truck or auto towing, arranging of travel tours, transport of people, namely, by motor buses, by airplane, by train and by ferry

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Transportation services, namely, taxi transport, car transport, rental and leasing of vehicles, especially automobiles

For International Class 040, the filing does not apply.

For International Class 041, 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 or services 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 those goods or services, 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:

television comedy series; providing cinema facilities, providing museums facilities, entertainment in the nature of orchestra performances, gaming services, namely, leasing of casino and electronic gaming machines and providing casino facilities

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Teaching in the fields of science and engineering; entertainment in the nature of live musical groups, ethnic festivals; sporting and cultural activities, namely, arranging and conducting of conferences, congresses, symposiums, organization of exhibitions for cultural or educational purposes in the field of science and engineering; presentation of live show performances, organization of sport competitions

For International Class 042, 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 or services 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 those goods or services, 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:

Consultancy in the field of computer hardware, rental of computer software, petrochemical production, and semiconductors; computer programming for others; mechanical and technical research in the field of aerospace engineering and geology

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: scientific and industrial research in the field of automobile manufacturing, conducting of technical project studies; and providing information in the field of science and engineering
The registrant's current Correspondence Information: STEWART L. GITLER of  WELSH FLAXMAN & GITLER LLC
      2000 DUKE STREET
      SUITE 100
      ALEXANDRIA, Virginia (VA) 22314
      United States (USX)

The registrant's proposed Correspondence Information: Stewart L Gitler of  WELSH FLAXMAN & GITLER LLC
      Suite 100
      2000 Duke Street
      ALEXANDRIA, Virginia (VA) 22314
      United States (USX)
The docket/reference number is T-9372.

The phone number is 7039201122.

The fax number is 7039203399.

The email address is mail@iplawsolutions.com.
The registrant hereby appoints Stewart L Gitler and Welsh, John L.; Flaxman, Howard N. of  WELSH FLAXMAN & GITLER LLC
      Suite 100
      2000 Duke Street
      Alexandria, Virginia 22314
      United States
to submit this Declaration of Incontestability of a Mark under Section 15 on behalf of the registrant. The docket/reference number is T-9372.

The phone number is 7039201122.

The fax number is 7039203399.

The email address is mail@iplawsolutions.com.

The registrant hereby appoints Stewart L Gitler, Suite 100, 2000 Duke Street, Alexandria, Virginia (VA) United States (USX) 22314 as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The phone number is 7039201122.

The fax number is 7039203399.

The email address is mail@iplawsolutions.com.

A fee payment in the amount of $1800 will be submitted with the form, representing payment for 9 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: /Stewart L Gitler/      Date: 09/02/2011
Signatory's Name: Stewart L Gitler
Signatory's Position: Attorney of record (VA Bar member)

Mailing Address:
   WELSH FLAXMAN & GITLER LLC
   2000 Duke Street
   Alexandria, Virginia 22314

Serial Number: 79001133
Internet Transmission Date: Fri Sep 02 15:46:05 EDT 2011
TEAS Stamp: USPTO/SECT15-XX.XX.XXX.XX-20110902154605
592553-2992649-480fe0bd8141e949c4a092f17
f15fa9-CC-2261-20110902153054069670