PR-Section 8 and 9

PTO- 1963

Approved for use through 01/31/2025. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1963

Approved for use through 01/31/2025. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4338231
REGISTRATION DATE: 05/21/2013

MARK: GARDEN PARTY

Current: The owner, BOSCOV'S, INC., a corporation of Pennsylvania, having an address of
      4500 PERKIOMEN AVENUE
      READING, Pennsylvania 19606-0516
      United States

Proposed: The owner, Boscov's Department Store, LLC, DBA Boscov's, a corporation of Pennsylvania, having an address of
      Attn.Colleen Mordan -Refer Notice to CVL
      4500 PERKIOMEN AVENUE
      READING, Pennsylvania 19606-0516
      United States
      800-755-6391
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 006, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Gazebos primarily of metal; Portable gazebos primarily of metal ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph with detail view of hang tag.

Original PDF file:
SPN0-26001700490399051338 4968eda5e55-2023031713143 4403932_._IC006_-_Gazebo.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 018, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Patio umbrellas; Table umbrellas ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph with detail view of hang tag.

Original PDF file:
SPN1-26001700490399051338 4968eda5e55-2023031713143 4403932_._IC018_-_Umbrell as.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 020, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Chair cushions; Chaise lounges; Cushions; Deck chairs; End tables; Furniture; Furniture made from wood or substitutes for wood; Furniture of metal; Lawn furniture; Lounge chairs; Love seats; Metal furniture; Outdoor furniture; Patio furniture; Rocking chairs; Seat cushions; Seating furniture; Tables ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph with detail view of hang tag.

Original PDF file:
SPN2-26001700490399051338 4968eda5e55-2023031713143 4403932_._IC020_-_Table.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 024, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Covers for cushions; Cushion covers; Furniture coverings made of plastic materials; Unfitted coverings of plastic for furniture ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph with detail view of hang tag.

Original PDF file:
SPN3-26001700490399051338 4968eda5e55-2023031713143 4403932_._IC024_-_Furnitu re_Cover.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
MISCELLANEOUS STATEMENTS
The assignment of the trademark and its goodwill as made to Boscov's Department Store, LLC had been recorded with the USPTO on August 1, 2017 (see reel/frame: 6132/0064).


The owner's/holder's current attorney information: Dennis JM Donahue III. Dennis JM Donahue III of CREATIVENTURE LAW, LLC, is located at

      9648 OLIVE BLVD # 226
      SAINT LOUIS, Missouri 63132
      United States
The docket/reference number is BIC-37.

The phone number is 314-995-3977.

The fax number is 314-989-0848.

The email address is ddonahue@creativenturelaw.com

Dennis JM Donahue III 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.
The owner's/holder's proposed attorney information: Dennis JM Donahue III. Other appointed attorneys are Kevin C. Staed. Dennis JM Donahue III of CREATIVENTURE LAW, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11710 Administration Drive, Suite #4
      St. Louis, Missouri 63146
      United States
The docket/reference number is BDS-37.

The phone number is 314-995-3977.

The fax number is 314-989-0848.

The email address is ddonahue@cvlfirm.com

Dennis JM Donahue III 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)
      DENNIS JM DONAHUE III
      PRIMARY EMAIL FOR CORRESPONDENCE: ddonahue@creativenturelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): iplaw@dennisdonahue.com
      The docket/reference number is BIC-37.
Correspondence Information (proposed)
      Dennis JM Donahue III
      PRIMARY EMAIL FOR CORRESPONDENCE: ddonahue@cvlfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): iplaw@dennisdonahue.com
      The docket/reference number is BDS-37.

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).

A fee payment in the amount of $2100 will be submitted with the form, representing payment for 4 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 and the 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: /Dennis JM Donahue III/    Date: 03/17/2023
Signatory's Name: Dennis JM Donahue III
Signatory's Position: Attorney of Record
Signatory's Phone: 314-995-3977
Signature method: Signed directly within the form


Mailing Address (current):
   CREATIVENTURE LAW, LLC
   9648 OLIVE BLVD # 226
   SAINT LOUIS, Missouri 63132

Mailing Address (proposed):
   CREATIVENTURE LAW, LLC
   11710 Administration Drive, Suite #4
   St. Louis, Missouri 63146

Serial Number: 85729717
Internet Transmission Date: Fri Mar 17 13:29:25 ET 2023
TEAS Stamp: USPTO/S08N09-XXXX:XXXX:XXX:XXXX:XXXX:XXX
X:XXXX:XXXX-20230317132927464934-4338231
-8505b9ac715218d2b64074bfb2d66c3a71d1b35
9bf37ccf54394a17c8831eea38-CC-29257393-2
0230317131434403932