Preliminary Amendment

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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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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 1966 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 86875675 LH44(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86875675/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, namely, swimwear, rainwear, sportswear, warm-up suits, athletic footwear, nightwear, underwear, ski wear, and track suits; overalls, coats, mantles, suits, jackets, waterproof jackets, waterproof coats, waist coats, bath robes, jumpers, trousers, shorts, shirts, polo shirts, t-shirts, sweatshirts and sweatbands; footwear; gaiters; socks; headwear; headgear, namely, hats and baseball caps and visors; anti-glare visors; neckwear, scarves; gloves; belts; braces for trousers; hat and head bands; driving gloves
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Community - CTM application number 014365928 filed 07/14/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 025 for Clothing, namely, swimwear, rainwear, sportswear, warm-up suits, athletic footwear, nightwear, underwear, ski wear, and track suits; overalls, coats, mantles, suits, jackets, waterproof jackets, waterproof coats, waist coats, bath robes, jumpers, trousers, shorts, shirts, polo shirts, t-shirts, sweatshirts and sweatbands; footwear; gaiters; socks; headwear; headgear, namely, hats and baseball caps and visors; anti-glare visors; neckwear, scarves; gloves; belts; braces for trousers; hat and head bands; driving gloves
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Community - CTM application number 014365928 filed 07/14/2015]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014365928 registered 02/10/2016 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-631381729-150703536_._LH44_Registration_Certificate__EM___F1921370x96B9E_.pdf
Converted PDF file(s) ( 60 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14
Foreign Registration-15
Foreign Registration-16
Foreign Registration-17
Foreign Registration-18
Foreign Registration-19
Foreign Registration-20
Foreign Registration-21
Foreign Registration-22
Foreign Registration-23
Foreign Registration-24
Foreign Registration-25
Foreign Registration-26
Foreign Registration-27
Foreign Registration-28
Foreign Registration-29
Foreign Registration-30
Foreign Registration-31
Foreign Registration-32
Foreign Registration-33
Foreign Registration-34
Foreign Registration-35
Foreign Registration-36
Foreign Registration-37
Foreign Registration-38
Foreign Registration-39
Foreign Registration-40
Foreign Registration-41
Foreign Registration-42
Foreign Registration-43
Foreign Registration-44
Foreign Registration-45
Foreign Registration-46
Foreign Registration-47
Foreign Registration-48
Foreign Registration-49
Foreign Registration-50
Foreign Registration-51
Foreign Registration-52
Foreign Registration-53
Foreign Registration-54
Foreign Registration-55
Foreign Registration-56
Foreign Registration-57
Foreign Registration-58
Foreign Registration-59
Foreign Registration-60

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: 44IP Limited, a company legally organized under the laws of MALTA, having an address of
      
      Ofc 2 Ste 2 The Penthouse, CapitalBusiness Centre, Ent C, Triq
      Tax-Zwejt, San Gwann, SGN3000
      Malta

Proposed: 44IP Limited, a company legally organized under the laws of Malta, having an address of
      
      Bourse, Qui-si-Sana Seafront
      Sliema, SLM3113
      Malta

ADDITIONAL STATEMENTS
Miscellaneous Statement
Attached are the signed application and a copy of the CTM registration certificate. The mark is a coined term. Please pass the application to publication or phone me with any questions.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_631381729-150703536_._LH44_signed_application_form_US__F1921103x96B9E_.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Angela Thorns
Signatory's Position: Director of Applicant's Corporate Director - Bourse Corporate Services (Malta) Limited

Voluntary Amendment Signature
Signature: /dwe/     Date: 04/12/2016
Signatory's Name: David Ehrlich
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 212-813-5920

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

        
Serial Number: 86875675
Internet Transmission Date: Tue Apr 12 17:10:40 EDT 2016
TEAS Stamp: USPTO/PRA-XX.XXX.XXX.X-20160412171040220
571-86875675-5501b2e8a519eb18441d884ae59
e2621f2f229f78da1134b2cc313c74e11e87-N/A
-N/A-20160412170719118892