Section 7 Request

PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp. 07/31/2018)

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PTO Form 1597 (Rev 11/2007)

OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 4197722 FAB (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85509958) has been amended as follows:

EXPLANATION OF FILING

Fab.com, Inc., the owner of Reg. No. 4197722 for the FAB & Design mark, requests a correction to the first use dates indicated in the registration. Fab.com, Inc. acknowledges that the error in question is owner error and was made in good faith. Fab.com, Inc. mistakenly submitted "March 9, 2011" as the first use anywhere and first use in commerce date in the application for the FAB & Design mark. Upon further review, Fab.com, Inc. realized the wrong date was included in the application. The correct first use anywhere and first use in commerce date for the above-listed mark is June 9, 2011. Pursuant to TMEP Section 1609.10(b), a correction may be made to an existing registration so long as the correction does not require republication of the mark. 15 U.S.C. 1057(h); 37 C.F.R. 2.175(a). The correction of first use dates for a registration neither materially alters the mark, nor broadens the identification of goods/services enumerated in the registration. As such, this type of correction is permissible under the law. Furthermore, a correction can be requested for changing dates of use even when the corrected dates are later than the dates originally set forth in the application. TMEP Section 1609.07. In the case of use based applications, the first use dates can be corrected so long as the the corrected date is not later than the application's filing date. 37 C.F.R. 2.71(c)(1). The application filing date for the Fab & Design mark is January 5, 2012. As such, the corrected date of June 9, 2011, is acceptable. For the reasons listed above, Fab.com, Inc. respectfully requests that the record for the Fab & Design mark, Reg. No. 4197722, be amended to reflect the correct first use anywhere and first use in commerce date of June 9, 2011. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Providing incentive award programs for users through the issuance of credit for referrals
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 03/09/2011 and first used in commerce at least as early as 03/09/2011, and is now in use in such commerce.

Proposed: Class 035 for Providing incentive award programs for users through the issuance of credit for referrals
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 06/09/2011 and first used in commerce at least as early as 06/09/2011, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Fab.com, Inc., a corporation of Delaware, having an address of
      330 W. 38th Street, Suite 300
      New York, New York 10018
      United States
Proposed: Fab.com, Inc., a corporation of Delaware, having an address of

      330 W. 38th Street, Suite 300
      New York, New York 10018
      United States



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: HOLLY PRANGER PRANGER LAW GROUP 3223 WEBSTER ST SAN FRANCISCO California (CA) United States (USX) 94123-2812
Proposed: Holly Pranger of PRANGER LAW GROUP, having an address of 3223 Webster Street San Francisco, California United States 94123, whose e-mail address is trademark@prangerlaw.com;hpranger@prangerlaw.com, whose phone number is 415.885.9800 and whose fax number is 415.346.8987.
The docket/reference number is 181-06.


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

SIGNATURE(S)
Declaration Signature
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. §1001, and that such willful false statements may jeopardize the validity of the application or document or any resulting 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: /Holly Pranger/      Date: 10/17/2013
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone: 415.885.9800

Request Signature
Signature: /Holly Pranger/     Date: 10/17/2013
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone: 415.885.9800

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the registrant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the registrant in this matter: (1) the registrant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the registrant has filed a power of attorney appointing him/her in this matter; or (4) the registrant's appointed U.S. attorney or Canadian attorney/agent 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:    Holly Pranger
   PRANGER LAW GROUP
   3223 Webster Street
   San Francisco, California 94123
        
RAM Sale Number: 4197722
RAM Accounting Date: 10/18/2013
        
Serial Number: 85509958
Internet Transmission Date: Thu Oct 17 19:41:52 EDT 2013
TEAS Stamp: USPTO/S7R-XX.XX.X.XXX-201310171941521274
77-4197722-50063c370dcad83969f2d3c12f66a
f1fac7e7e40ed1bbe2f274b46b39f42b1-CC-680
5-20131017190315963715