Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1683 (Rev 11/2012)
OMB No. 0651-0051 (Exp 04/30/2022)
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1683 (Rev 11/2012)
OMB No. 0651-0051 (Exp 04/30/2022)
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Current: The owner/holder, Heckler & Koch GmbH, a limited liability company legally organized under the laws of Germany, having an address of
Heckler & Koch-Str. 1
OBERNDORF/NECKAR, 78727
Germany
XXXX
203-322-4852
203 329 7881
Proposed: The owner/holder, Heckler & Koch GmbH, a limited liability company legally organized under the laws of Germany, having an address of
Heckler & Koch-Str. 1
OBERNDORF/NECKAR, 78727
Germany
203-322-4852
203 329 7881
XXXX
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.
For International Class 008, this filing does not cover this specific class. This entire class is to be deleted from the registered extension of protection. The USPTO will invalidate
protection of this class and notify the International Bureau accordingly
For International Class 013, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services
are to be permanently deleted from the registered extension of protection: explosives; stun guns
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registered extension of protection for this specific class; and the mark has been
continuously used in commerce for five (5) consecutive years after the date of registration, and is still in use in commerce on or in connection with these goods or services. Also, no final decision
adverse to the owner's claim of ownership of such mark for these goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding
involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists: Firearms; ammunition and projectiles; air pistols; air guns; soft-air-weapons,
namely, air guns.
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) Packing list from Registrant to its US
subsidiary company re firearms and weapons.
For International Class 025, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, listed in
the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and
is still 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 registered extension of
protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, or to indicate membership in the collective membership
organization or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and
Trademark Office or the courts exists.
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) Third party website "Zazzle" offer for sale
of clothing with MP5 mark.
For International Class 028, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services
are to be permanently deleted from the registered extension of protection: paintball guns
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registered extension of protection for this specific class; and the mark has been
continuously used in commerce for five (5) consecutive years after the date of registration, and is still in use in commerce on or in connection with these goods or services. Also, no final decision
adverse to the owner's claim of ownership of such mark for these goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding
involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists: Toy weapons; air pistols, namely, toy guns; air guns, namely, toy guns; pistols,
namely, toy guns.
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) MP5 toy weapons sold by Registrant's domestic
licensee Umarex.
The owner's/holder's current attorney information: Daniel R. Cooper. Daniel R. Cooper of COOPER & KURZ, is located at
170 EDEN RD
STAMFORD, Connecticut 06907-1007
United States
The phone number is 203-322-4852.
The fax number is 203-329-7881.
The email address is kurzcooper@att.net
The owner's/holder's proposed attorney information: Daniel R. Cooper. Daniel R. Cooper of COOPER & KURZ, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
170 EDEN RD
STAMFORD, Connecticut 06907-1007
United States
The phone number is 203-322-4852.
The fax number is 203-329-7881.
The email address is kurzcooper@att.net
Daniel R. Cooper submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.Correspondence Information (current):
Daniel R. Cooper
PRIMARY EMAIL FOR CORRESPONDENCE: kurzcooper@att.net
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
A fee payment in the amount of $975 will be submitted with the form, representing payment for 3 class(es), plus any additional grace period fee, if necessary.
Declaration
Unless the holder/owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services identified above, as evidenced by the attached
specimen(s).
Unless the holder/owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
The mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all
goods/services listed in the existing registration.
There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to the holder's/owner's right to register the same or to keep the same
on the register.
There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have
evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like
may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed
to be true.
Signature: /drc/ Date: 05/28/2020
Signatory's Name: Daniel R. Cooper
Signatory's Position: Attorney of Record; CT Bar
Signatory's Phone: 203-322-4852
Mailing Address (current):
COOPER & KURZ
170 EDEN RD
STAMFORD, Connecticut 06907-1007
Mailing Address (proposed):
COOPER & KURZ
170 EDEN RD
STAMFORD, Connecticut 06907-1007
Serial Number: 79055947
Internet Transmission Date: Thu May 28 18:45:33 ET 2020
TEAS Stamp: USPTO/S71N15-XX.XXX.XXX.X-20200528184533
321748-3872900-71085391e8ef0ff97f524f157
bf8d8edce870db1237dc11ac5e1332c0b41b7f7b
bd-CC-45311056-20200528182834827566
