TEAS Plus New 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

TEAS Plus Application

Serial Number: 85242579

Filing Date: 02/15/2011

To the Commissioner for Trademarks:

MARK: the word "Xavier" is located over a sword (stylized and/or with design, see mark)

The literal element of the mark consists of the word "Xavier" is located over a sword.
The applicant is not claiming color as a feature of the mark. The mark consists of the word "Xavier" which is underlined by a sword.
The applicant, Xavier University Corporation, DBA Xavier University, a corporation of Ohio, having an address of
      3800 Victory Parkway
      Cincinnati, Ohio 45207
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 016:  Books in the field of Xavier University's Men's Basketball Team; Coffee table books featuring the 2010-2011 Xavier University Men's Basketball Team; Printed matter, namely, paper signs, books, manuals, curriculum, newsletters, informational cards and brochures in the field of Xavier University's Men's Basketball Team



In International Class 016, the mark was first used at least as early as 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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) Book/Coffee table book featuring all sorts of information on the 2010-2011 Xavier University Men's Basketball Team..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Gym shorts; Shorts



In International Class 025, the mark was first used at least as early as 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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) A pair of gym shorts sold in Xavier University's bookstore..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Arranging and conducting athletic competitions; Encouraging amateur sports and physical education by organizing, sanctioning, conducting, regulating and governing amateur athletic programs and activities



In International Class 041, the mark was first used at least as early as 10/01/2010, and first used in commerce at least as early as 10/01/2010, 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) Book/Coffee table book featuring all sorts of information on the 2010-2011 Xavier University Men's Basketball Team..
Specimen File1


The applicant claims ownership of U.S. Registration Number(s) 2122467 and 2122465.

Applicant claims ownership of U.S. Serial Numbers 85228427, 85242227, and 85240041.

For informational purposes only, applicant's website address is: http://www.xavier.edu
The applicant's current Attorney Information:
Matthew J. Miller of Beckman Weil Shepardson LLC
      Suite 400
      300 Pike Street
      Cincinnati, Ohio 45202
      United States

The applicant's current Correspondence Information:

Matthew J. Miller

Beckman Weil Shepardson LLC

Suite 400       300 Pike Street

Cincinnati, Ohio 45202

(513) 621-2100(phone)

(513) 621-0106(fax)

mmiller@beckman-weil.com (authorized)

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 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: /mjm/   Date Signed: 02/15/2011
Signatory's Name: Matthew J. Miller
Signatory's Position: Attorney of record, Ohio bar member



RAM Sale Number: 560
RAM Accounting Date: 02/16/2011

Serial Number: 85242579
Internet Transmission Date: Tue Feb 15 14:15:59 EST 2011
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20110215141559
749131-85242579-480dc99a1aa79be9c726337f
57e259c92f8-CC-560-20110215133346099655