Request to Divide

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 No Form Number (Rev 12/2015)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 No Form Number (Rev 12/2015)

OMB No. 0651-0054 (Exp 10/31/2017)

Trademark/Service Mark Request to Divide

To the Commissioner for Trademarks:

MARK: FXP (stylized and/or with design)
SERIAL NUMBER: 86901355




REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Pre-recorded DVDs featuring action, adventure, drama and comedy; downloadable audio and video recordings featuring action, adventure, drama and comedy; downloadable motion pictures, television shows and video recordings featuring action, adventure, drama and comedy
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Pre-recorded CDs featuring action, adventure, drama, comedy and musical performances; downloadable graphics, games and music via a global computer network and wireless devices; downloadable mobile software applications for mobile communication devices for use in distribution of digital video, video files, video games, and multimedia content



A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $325 will be submitted with the form, representing payment for the new application fee for 1 class.


Declaration


STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; the mark is in use in commerce; <b>for a trademark or service mark application</b>, the applicant is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified; <b>for a collective trademark, collective service mark, collective membership mark application</b>, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified; <b>for a certification mark application</b>, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged 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/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

DECLARATION: 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 the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Tina M. Pompey/      Date Signed: 12/08/2016
Signatory's Name: Tina Pompey
Signatory's Position: Assistant Secretary

Request to Divide Signature:

Signature: /Tina M. Pompey/      Date Signed: 12/08/2016
Signatory's Name: Tina M Pompey
Signatory's Position: Assistant Secretary

Serial Number: 86901355
Internet Transmission Date: Thu Dec 08 13:00:22 EST 2016
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201612081300225
66973-86901355-570b55640e3b823ffcf9f8a81
16682b5cd5b2b1ad1dfa3dd94a5ffde8cd0ce12a
1-DA-14530-20161207212713754914