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. 4373101 MARATHON OIL (Stylized and/or with Design, see http://uspto.report/TM/85443571/mark.png) has been amended as follows:

EXPLANATION OF FILING
On July 22, 2019 Registrant filed a Section 8 & 15 Declaration (“July 22, 2019 Declaration”) in the instant registration with the United States Patent and Trademark Office (USPTO).  The July 22, 2019 Declaration included a list of goods in international class 4 and services in international classes 37, 39, 40 and 42 being sold under the mark that Registrant believed accurate at the time after making reasonable inquiries.

Registrant owns U.S. Registration No. 4388558 (“‘558 Registration”) for a related mark covering essentially the same goods in international class 4 and services in international classes 37, 40 and 42 as the instant registration.  Registrant filed a similar Section 8 & 15 Declaration on August 20, 2019 in the ‘558 Registration.  However, the Declaration in the ‘558 Registration elicited a Post-Registration Office Action requiring Registrant to submit current specimens of use for all goods and services listed in the ‘558 Registration.  As a result Registrant conducted an in-depth investigation and discovered that there were no current specimens for many of the listed goods and services.  On January 26, 2020 Registrant filed a response to the Post-Registration Office Action in the ‘558 Registration that deleted goods and services for which no current specimens were found.  As a result of the investigation and response in the ‘558 Registration, Registrant now believes that the list of goods in international class 4 and services in international classes 37, 40 and 42 in the July 22, 2019 Declaration is overly inclusive and erroneous.  Accordingly, Registrant wishes to amend the list of goods and services in the instant registration by deleting certain goods in international class 4 and certain services in international classes 37, 40 and 42 set forth below from the list in the July 22, 2019 Declaration.  Registrant, nevertheless, avers that the list in the July 22, 2019 Declaration was compiled and filed in good faith and without deceptive intent.

International Class 4
The current list of goods in International Class 4 of the instant registration is:
petroleum; crude oil; hydrocarbon gases, namely, methane, ethane, propane, butane and pentane; natural gas; petroleum gas; compressed natural gas; liquefied natural gas; liquefied petroleum gas; coal bed gas; shale gas, namely, natural gas produced from subterranean shale formations; condensate, namely, a heavier fraction of natural gas liquid; natural gas liquid, namely, a range of light hydrocarbons produced with natural gas that normally exist as liquids or are easily liquified; crude bitumen, namely, solid and semi-solid petroleum extracted from natural subterranean deposits in a raw unrefined state; asphaltene, namely, high molecular weight organic molecules naturally present in crude oil and tar sands; heavy oil; kerogen, namely, high molecular weight organic molecules naturally present in sedimentary rock that produce oil when heated; and fuel from crude oil; all of the above-listed goods being fuels

Registrant now believes that the following goods are not currently being sold under the mark and hereby requests their permanent deletion from the instant registration:
petroleum; hydrocarbon gases, namely, methane, ethane, propane, butane and pentane; petroleum gas; compressed natural gas; liquefied natural gas; liquefied petroleum gas; coal bed gas; shale gas, namely, natural gas produced from subterranean shale formations; natural gas liquid, namely, a range of light hydrocarbons produced with natural gas that normally exist as liquids or are easily liquified; crude bitumen, namely, solid and semi-solid petroleum extracted from natural subterranean deposits in a raw unrefined state; asphaltene, namely, high molecular weight organic molecules naturally present in crude oil and tar sands; heavy oil; kerogen, namely, high molecular weight organic molecules naturally present in sedimentary rock that produce oil when heated; and fuel from crude oil; all of the above-listed goods being fuels.

The sole remaining goods in International Class 4 of the instant registration following the above-requested deletions are:
crude oil; natural gas; and condensate, namely, a heavier fraction of natural gas liquid

International Class 37
The current list of services in International Class 37 of the instant registration is:
well drilling services; technical consulting related to the installation of oil and gas equipment, control systems and machinery; and cementing services for oil and gas wells

Registrant now believes that the following services are not currently being sold under the mark and hereby requests their permanent deletion from the instant registration:
technical consulting related to the installation of oil and gas equipment, control systems and machinery; and cementing services for oil and gas wells

The sole remaining services in International Class 37 of the instant registration following the above-requested deletions are:
well drilling services.

International Class 40
The current list of services in International Class 40 of the instant registration is:
gas production services; oil production services; technical consulting related to the manufacture of oil and gas production equipment, control systems and machinery; oil well prospecting, namely, perforating and spill treatment; and oil and gas well treatment

Registrant now believes that the following services are not currently being sold under the mark and hereby requests their permanent deletion from the instant registration:
technical consulting related to the manufacture of oil and gas production equipment, control systems and machinery; oil well prospecting, namely, perforating and spill treatment; and oil and gas well treatment

The sole remaining services in International Class 40 of the instant registration following the above-requested deletions are:
gas production services; and oil production services.

International Class 42
The current list of services in International Class 42 of the instant registration is:
oil exploration; gas exploration; technology consultation and research in the field of well drilling and oil and gas exploration and production; oil well testing; performing oil well diagnostics; and technology consulting services in the field of alternative energy, namely, gasifying and combusting alternative fuels

Registrant now believes that the following services are not currently being sold under the mark and hereby requests their permanent deletion from the instant registration:
technology consultation and research in the field of well drilling and oil and gas exploration and production; oil well testing; performing oil well diagnostics; and technology consulting services in the field of alternative energy, namely, gasifying and combusting alternative fuels

The sole remaining services in International Class 42 of the instant registration following the above-requested deletions are:
oil exploration; and gas exploration

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 004 for Petroleum; crude oil; hydrocarbon gases, namely, methane, ethane, propane, butane and pentane; natural gas; petroleum gas; compressed natural gas; liquefied natural gas; liquefied petroleum gas; coal bed gas; [gas hydrates, namely, a crystalline solid containing solid-state water molecules and entrapped lower molecular weight gases;] shale gas, namely, natural gas produced from subterranean shale formations; condensate, namely, a heavier fraction of natural gas liquid; natural gas liquid, namely, a range of light hydrocarbons produced with natural gas that normally exist as liquids or are easily liquified; crude bitumen, namely, solid and semi-solid petroleum extracted from natural subterranean deposits in a raw unrefined state; asphaltene, namely, high molecular weight organic molecules naturally present in crude oil and tar sands; heavy oil; kerogen, namely, high molecular weight organic molecules naturally present in sedimentary rock that produce oil when heated; and fuel from crude oil; all of the above-listed goods being fuels
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.

Proposed: Class 004 for crude oil; natural gas; and condensate, namely, a heavier fraction of natural gas liquid
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Well drilling services; technical consulting related to the installation of oil and gas equipment, control systems and machinery; cementing services for oil and gas wells [; and oil sands mining]
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.

Proposed: Class 037 for well drilling services
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Gas production services; oil production services; technical consulting related to the manufacture of oil and gas production equipment, control systems and machinery; oil well prospecting, namely, perforating and spill treatment; and oil and gas well treatment
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.

Proposed: Class 040 for gas production services; and oil production services
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Oil exploration; gas exploration; technology consultation and research in the field of well drilling and oil and gas exploration and production; oil well testing; performing oil well diagnostics; [technological consulting services in the field of alternative energy generation;] and technology consulting services in the field of alternative energy, namely, gasifying and combusting alternative fuels
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.

Proposed: Class 042 for oil exploration; and gas exploration
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 07/01/2011 and first used in commerce at least as early as 07/01/2011, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Marathon Oil Company, a corporation of Ohio, having an address of
      5555 San Felipe Road
      Houston, Texas 77056
      United States
Proposed: Marathon Oil Company, a corporation of Ohio, having an address of

      5555 San Felipe Road
      Houston, Texas 77056
      United States
      XXXX


The owner's/holder's current attorney information: Rodney F. Brown. Rodney F. Brown, is located at

      3365 BALTIMORE ST
      SAN DIEGO, California 92117-6104
      United States
The docket/reference number is 002T1108.

The phone number is 8582728705.

The fax number is 8585811282.

The email address is rod@rbrowniplaw.com

The owner's/holder's proposed attorney information: Rodney F. Brown. Rodney F. Brown, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3365 BALTIMORE ST
      SAN DIEGO, California 92117-6104
      United States
The docket/reference number is 002T1108.

The phone number is 8582728705.

The fax number is 8585811282.

The email address is rod@rbrowniplaw.com

Rodney F. Brown 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):
      RODNEY F. BROWN
      PRIMARY EMAIL FOR CORRESPONDENCE: rod@rbrowniplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Rodney F. Brown
      PRIMARY EMAIL FOR CORRESPONDENCE: rod@rbrowniplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rbrownjd@gmail.com

The docket/reference number is 002T1108.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Rodney F. Brown/      Date: 03/27/2020
Signatory's Name: Rodney F. Brown
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone: 858-272-8705

Request Signature
Signature: /Rodney F. Brown/     Date: 03/27/2020
Signatory's Name: Rodney F. Brown
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone: 858-272-8705

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:    RODNEY F. BROWN
   
   
   3365 BALTIMORE ST
   SAN DIEGO, California 92117-6104
Mailing Address:    Rodney F. Brown
   
   3365 BALTIMORE ST
   SAN DIEGO, California 92117-6104
        
RAM Sale Number: 4373101
RAM Accounting Date: 03/27/2020
        
Serial Number: 85443571
Internet Transmission Date: Fri Mar 27 19:02:33 ET 2020
TEAS Stamp: USPTO/S7R-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200327190233330491-4373101-7
10fca11ba69c35f8c50979c2b89ecbba28f6dcc7
ae0a31e11a02693b8fc856bb8-CC-02311566-20
200327181953617307