Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86318528

Filing Date: 06/24/2014

To the Commissioner for Trademarks:

MARK: Tone & Talk (Standard Characters, see mark)
The literal element of the mark consists of Tone & Talk.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, LG Electronics Inc., a corporation of Korea, South, having an address of
      128, Yeoui-daero, Yeongdeungpo-gu
      Seoul 150-721
      Korea, South


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 009:  Portable communications apparatus namely handsets walkie-talkies, satellite telephones and Personal Digital Assistants (PDA); Software for mobile phones; Mobile phones; Laptop computers; software for Bluetooth earphones; Computers; Television receivers; Personal portable devices for recording, organizing, transmitting, manipulating, reviewing and receiving text, data, images and audio files relating to health and wellness; Smart phones that fit on the user's face in the manner of eyeglasses; Audio Receivers; Portable hard disk drives; Computer software for telecommunication used in Bluetooth device; Apparatus for recording, transmission or reproduction of sound or images; Computer application software; Wearable computer; Computer mouse; Monitors for computers; Tablet computers; Wristbands adapted or shaped to contain or attach to handheld digital electronic media players
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Korea, South application number 4020140042086, filed 06/23/2014. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Robert J. Kenney and James M. Slattery, Michael K. Mutter, Charles Gorenstein, Paul C. Lewis, Terrell C. Birch, Raymond C. Stewart, Joseph A. Kolasch, Leonard R. Svensson, Michael T. Smith of Birch, Stewart, Kolasch & Birch, LLP
      P.O. Box 747
      Falls Church, Virginia 22040-0747
      United States
The attorney docket/reference number is 0630-6009US1.

The applicant hereby appoints Birch, Stewart, Kolasch & Birch, LLP
      P.O. Box 747
      Falls Church Virginia 22040-0747
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Robert J. Kenney

Birch, Stewart, Kolasch & Birch, LLP

P.O. Box 747

Falls Church, Virginia 22040-0747

(703)205-8000(phone)

(703)205-8050(fax)

mailroom@bskb.com (authorized)

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

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 registration resulting therefrom, 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.

Declaration Signature

Signature: /Robert J. Kenney/   Date: 06/24/2014
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of record, VA bar member
RAM Sale Number: 86318528
RAM Accounting Date: 06/24/2014

Serial Number: 86318528
Internet Transmission Date: Tue Jun 24 12:28:49 EDT 2014
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2014062412284989
0005-86318528-500a4167dfc1e279f1daebda39
b51cdba41ab9fe4c5562bde1f3e65f6249ee1e43
-CC-10363-20140624114135132047