Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85099862

Filing Date: 08/04/2010

To the Commissioner for Trademarks:

MARK: NEW YORK (stylized and/or with design, see mark)

The literal element of the mark consists of NEW YORK.
The mark consists of the word "NEW YORK" in stylized form.
The applicant, New York Yankees Partnership, a limited partnership legally organized under the laws of Ohio, comprising of Martinique Holdings, Inc., a Florida corporation, Marsh Harbor Holdings, Inc., a Florida corporation, Bellaire Holdings, Inc., a Florida corporation, JJS NYY Holdings LLC, a Delaware limited liability company, and Kinsman NYYP LLC, a Delaware limited liability company, each a general partner, having an address of
      Yankee Stadium,
      One East 161st Street
      Bronx, New York 10451
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 025:  Clothing, namely, headwear, hats, caps, jerseys, jackets, shirts, sweatshirts, t-shirts, infantwear, shorts, and footwear.

In International Class 025, the mark was first used at least as early as 00/00/1983, and first used in commerce at least as early as 00/00/1983, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) digital photographs depicting the mark as used directly on the goods.
Specimen File1
Specimen File2
Specimen File3


The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 1677662.

The applicant claims ownership of U.S. Registration Number(s) 1677662, 1073346, 1182757, and others.

The applicant's current Attorney Information:
Mary L. Kevlin, Esq. and Jill K. Tomlinson, William M. Borchard, Arthur J. Greenbaum, Lynn S. Fruchter, Baila H. Celedonia, Morton D. Goldberg, Midge M. Hyman, Jeffrey H. Epstein, Mark Montague, Robert W. Clarida, Dorothy R. Whitney, Deborah K. Squiers, Arlana S. Cohen, Meichelle R. MacGregor, Kieran G. Doyle, Maryann E. Licciardi, Lawrence W. Greene, Thomas Kjellberg, Joel K. Schmidt, Sujata Chaudhri, Lloyd McAulay, Elise C. Kasell, Jane Shih, all members of the Bar of the State of New York of Cowan, Liebowitz & Latman, PC
      1133 Avenue of the Americas
      New York, New York 10036
      United States

The applicant's current Correspondence Information:

Mary L. Kevlin, Esq.

Cowan, Liebowitz & Latman, PC

1133 Avenue of the Americas

New York, New York 10036

(212) 790-9200(phone)

(212) 575-0671(fax)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

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. Section 1001, and that such willful false statements, and the like, 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. Section 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; and that 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: /Ethan G. Orlinsky/   Date Signed: 08/04/2010
Signatory's Name: Ethan G. Orlinsky
Signatory's Position: Corporate Secretary of Major League Baseball Properties, Inc. as Agent for Applicant



RAM Sale Number: 8839
RAM Accounting Date: 08/04/2010

Serial Number: 85099862
Internet Transmission Date: Wed Aug 04 13:19:37 EDT 2010
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20100804131937963
921-85099862-470dbca9b957ab715e3d22c7089
74f0a373-DA-8839-20100804113836456609