Section 7 Request

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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 10/31/2021)

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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 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp 10/31/2021)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 4712677 MALIBU(Standard Characters, see http://uspto.report/TM/85077415/mark.png) has been amended as follows:

EXPLANATION OF FILING

Registrant J. Baxter Brinkmann International Corporation, by and through its attorneys, respectfully requests that the U.S. Patent and Trademark Office amend Registrant’s above-identified registration, pursuant to 15 U.S.C. § 1057(e) and 37 C.F.R. §§ 2.6 and 2.173(a), by amending the recitation of goods to the following by deleting the goods shown in bold, stricken font:

“Wheelbarrows; hand carts for carrying weighted objects; utility trailers for portable barbecue, charcoal, electric and gas grills; carts for barbecue, charcoal, electric and gas grills; and accessories for barbecue, charcoal, electric and gas grills, namely, wheels and hubcaps”

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Wheelbarrows; hand carts for carrying weighted objects; utility trailers for portable barbecue, charcoal, electric and gas grills; carts for barbecue, charcoal, electric and gas grills; and accessories for barbecue, charcoal, electric and gas grills, namely, wheels and hubcaps
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/10/2015 and first used in commerce at least as early as 02/10/2015, and is now in use in such commerce.

Proposed: Class 012 for Wheelbarrows; hand carts for carrying weighted objects
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/10/2015 and first used in commerce at least as early as 02/10/2015, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: J. Baxter Brinkmann International Corporation, a corporation of Texas, having an address of
      4099 McEwen Road
      Dallas, Texas 75244
      United States
      XXXX (authorized)
      469-778-0031
      469-778-0037
Proposed: J. Baxter Brinkmann International Corporation, a corporation of Texas, having an address of

      4099 McEwen Road
      Dallas, Texas 75244
      United States
      XXXX (not authorized)
      469-778-0031
      469-778-0037


The applicant's current correspondence information: Susan Hwang. Susan Hwang, is located at

      333 South Hope Street, 43rd Fl
      Los Angeles, California 90071
      US
The docket/reference number is 042N-155737.

The phone number is 213 620-1780.

The fax number is 213 620-1398.

The email address is laipdocketing@sheppardmullin.com; shwang@sheppardmullin.com; brodriguez@sheppardmullin.com

The applicants proposed correspondence information: Susan Hwang. Susan Hwang of Sheppard, Mullin, Richter & Hampton LLP, is located at

      333 South Hope Street, 43rd Fl.
      Los Angeles, California 90071
      United States
The docket/reference number is 042N-155737.

The phone number is 213 620-1780.

The fax number is 213 620-1398.

The email address is laipdocketing@sheppardmullin.com; shwang@sheppardmullin.com, brodriguez@sheppardmullin.com

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
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, 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: /Susan Hwang/      Date: 09/25/2019
Signatory's Name: Susan Hwang
Signatory's Position: Attorney of record, California bar member
Signatory's Phone: 213 620-1780

Request Signature
Signature: /Susan Hwang/     Date: 09/25/2019
Signatory's Name: Susan Hwang
Signatory's Position: Attorney of record, California bar member

Signatory's Phone: 213 620-1780

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if filed in conjunction with a pending post-registration filing, and if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    Susan Hwang
   
   
   333 South Hope Street, 43rd Fl
   Los Angeles, California 90071
Mailing Address:    Susan Hwang
   Sheppard, Mullin, Richter & Hampton LLP
   333 South Hope Street, 43rd Fl.
   Los Angeles, California 90071
        
RAM Sale Number: 4712677
RAM Accounting Date: 09/25/2019
        
Serial Number: 85077415
Internet Transmission Date: Wed Sep 25 18:38:44 EDT 2019
TEAS Stamp: USPTO/S7R-XX.XXX.XXX.XXX-201909251838447
86732-4712677-6104230ff4f9a274af6781ca73
f7efad3ec25402276645e34f45fc49534d02460-
DA-38448074-20190925182915259510