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)

---

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. 4869522 OUTRE (Stylized and/or with Design, see http://uspto.report/TM/86471588/mark.png) has been amended as follows:

EXPLANATION OF FILING

Sun Taiyang Co., Ltd., a New York corporation, ("Registrant") submits this written request to correct a minor error in how the Registrant was identified in the original application and Registration Certificate issued for Reg. No. 4869522.  The Director may correct an error in a registration provided the correction does not result in a change that would require republication of the mark.  Correctable errors include when the party listed as the applicant or registrant did not exist on the application filing date, the filing may be amended to correct the applicant name. TMEP §1201.02(c)(7); see TMEP §1609.10(b).

 

At the time of filing, Registrant was a corporation organized under the laws of the State of New York.  However, in Application Serial Number 86471588, filed on December 4, 2014, Registrant was inadvertently identified as a New Jersey corporation. This inadvertent, good faith error was carried through to the Registration Certificate issued on December 15, 2015.  The application registered under Reg. No. 4869522 with Registrant listed as a New Jersey corporation.

 

In this case, correction of the error in the entity jurisdiction listed in the registration is acceptable.  Due to a good faith error, the owner of Reg. No. 4869522 was inadvertently misidentified as a New Jersey corporation, rather than a New York corporation.  Correcting this minor error does not result in a change of the true and correct legal owner of the registration and will not require republication of the mark.  Correction of the good faith error is acceptable.

 

Registrant therefore requests the error be corrected and the registration certificate be reissued in the correct owner, Sun Taiyang Co., Ltd., a New York corporation.

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: SUN TAIYANG CO., LTD, a corporation of New Jersey, having an address of
      85 OXFORD DRIVE
      Moonachie, New Jersey 07074
      United States
Proposed: SUN TAIYANG CO., LTDDBA OUTRE, a corporation of New York, having an address of

      85 OXFORD DRIVE
      Moonachie, New Jersey 07074
      United States
      XXXX


The owner's/holder's proposed attorney information Alexander J.A. Garcia. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Craig C. Bradley, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew Roppel, Heidi L. Sachs, Grace Han Stanton, Danielle Suh, James L. Vana, Fabricio Vayra and Robert G. Woolston. Alexander J.A. Garcia of PERKINS COIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1201 Third Avenue, Suite 4900
      SEATTLE, Washington 98101
      United States
to submit this Section 7 Request Form on behalf of the applicant.
The docket/reference number is 127794-4000.

The email address is AJAGarcia@perkinscoie.com

Alexander J.A. Garcia 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):
      Stephen Jung
      PRIMARY EMAIL FOR CORRESPONDENCE: sunip@sunssc.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Alexander J.A. Garcia
      PRIMARY EMAIL FOR CORRESPONDENCE: AJAGarcia@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pctrademarks@perkinscoie.com; USPTO-notifications@perkinscoie.com

The docket/reference number is 127794-4000.

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).

ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
Copy of New York Secretary of State business database showing Sun Taiyang's corporate status as a New York corporation
Original PDF file:
M-6677102222-202004121601 29022273_._Sun_Taiyang_Co .__Ltd._New_York_Entity_I nformation.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

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: /Stephen Jung/      Date: 04/14/2020
Signatory's Name: Jung, Stephen
Signatory's Position: General Counsel
Signatory's Phone: 000-000-0000

Request Signature
Signature: /Sabrina J. Danielson/     Date: 04/15/2020
Signatory's Name: Danielson, Sabrina J.
Signatory's Position: Associate Attorney, Perkins Coie LLP, Colorado bar member

Signatory's Phone: 303-291-2300

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 applicant 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:    Stephen Jung
   
   
   7 Capital Drive
   Moonachie, New Jersey 07074
Mailing Address:    Alexander J.A. Garcia
   PERKINS COIE LLP
   1201 Third Avenue, Suite 4900
   SEATTLE, Washington 98101
        
RAM Sale Number: 4869522
RAM Accounting Date: 04/15/2020
        
Serial Number: 86471588
Internet Transmission Date: Wed Apr 15 10:36:44 ET 2020
TEAS Stamp: USPTO/S7R-XX.XX.XXX.XXX-2020041510364406
3726-4869522-710938cac3fca4287113ae27b34
4521575b4ac36fe53d3ae318635f84d734ebdb-C
C-36429597-20200413204848551641