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
The table below presents the data as entered.
Input Field
|
Entered
|
REGISTRATION NUMBER |
5709284 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
SERIAL NUMBER |
88054531 |
MARK SECTION |
MARK |
http://uspto.report/TM/88054531/mark.png |
LITERAL ELEMENT |
WESTIN MAUI WATERMAN |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) |
NAME |
Westin Hotel Management, L.P. |
STREET |
One Star Point |
CITY |
Stamford |
STATE |
Connecticut |
ZIP/POSTAL CODE |
06902 |
COUNTRY |
United States |
LEGAL ENTITY SECTION (current) |
TYPE |
limited partnership |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Delaware |
NAME OF ALL GENERAL PARTNERS, ACTIVE MEMBERS, INDIVIDUAL, TRUSTEES, OR EXECUTORS, AND CITIZENSHIP/ INCORPORATION |
Starwood Hotels & Resorts Worldwide, LLC, a Maryland limited liability company |
LEGAL ENTITY SECTION (proposed) |
TYPE |
limited partnership |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Delaware |
NAME OF ALL GENERAL PARTNERS, ACTIVE MEMBERS, INDIVIDUAL, TRUSTEES, OR EXECUTORS, AND CITIZENSHIP/ INCORPORATION |
WHLP Acquisition, LLC, a Delaware limited liability company, its General partner |
EXPLANATION OF FILING |
Pursuant to Lanham Act § 7(h), 15 U.S.C. § 1057(h), Westin Hotel Management, L.P. ("WHM") requests a change to the General Partner stated in the
referenced registrations, which were issued with a mistake in the manner in which the name of the registrant was set forth at the time of registration. In particular, the registrations indicate that
the General Partner of WHM is Starwood Hotels & Resorts Worldwide, LLC, a Maryland limited liability company ("SH&RW"), but at the time these registrations were issued, the General Partner of
WHM had become WHLP Acquisition, LLC, a Delaware limited liability company ("WHLP"). Before January 1, 2013, the sole General Partner of WHM was SH&RW. Pursuant to the First Amendment to
Agreement of Limited Partnership and a Contribution Agreement, both effective on January 1, 2013, SH&RW contributed 99% of its partnership assets to WHLP, which became the General Partner of WHM,
while SH&RW maintained 1% of the partnership assets and remained a Limited Partner of WHM. Registrant respectfully submits that this is a correctable error pursuant to 37 C.F.R. 2.71(d) and TMEP
1201.02(c), which permit amendments when there was a mistake in the manner in which the name of the registrant was set out in the application. Section TMEP 803.03(b) notes that a change in the
members of a domestic partnership is not a change of new entity if the partnership agreement provides for continuation if there is a change in the members. Pursuant to WHM's partnership agreement,
because SH&RW did not wholly withdraw from the partnership (by maintaining its 1% interest), the partnership continued after WHLP became the General Partner. Therefore, the correct party filed
the referenced applications, but the party merely identified itself incorrectly by stating that a limited partner was the General Partner instead of listing the new General Partner. In addition,
registrant inadvertently indicated it was a Connecticut limited partnership when it is a Delaware limited partnership. WHM respectfully requests updates to each of the records, and is submitting the
prescribed fee for issuance of new registration certificates showing the correct registrant name. |
ATTORNEY SECTION |
ORIGINAL ADDRESS |
TRACIE R. SIDDIQUI
MARRIOTT INTERNATIONAL, INC.
10400 FERNWOOD ROAD
DEPT 52/923
BETHESDA
Maryland
United States
20817
|
NEW ATTORNEY SECTION |
NAME |
Tracie R. Siddiqui |
FIRM NAME |
Marriott International, Inc. |
OTHER APPOINTED ATTORNEY |
Elizabeth G. Regan, Elisabeth Roth Escobar, Brian Scanlon |
INTERNAL ADDRESS |
DEPT 52/923 |
STREET |
10400 FERNWOOD ROAD |
CITY |
BETHESDA |
STATE |
Maryland |
ZIP/POSTAL CODE |
20817 |
COUNTRY |
United States |
PHONE |
301-380-4244 |
FAX |
301-644-8094 |
EMAIL |
iplaw@marriott.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
CORRESPONDENCE SECTION |
ORIGINAL ADDRESS |
TRACIE R. SIDDIQUI
MARRIOTT INTERNATIONAL, INC.
10400 FERNWOOD ROAD
DEPT 52/923
BETHESDA
Maryland
United States
20817
|
NEW CORRESPONDENCE SECTION |
NAME |
Tracie R. Siddiqui |
FIRM NAME |
Marriott International, Inc. |
INTERNAL ADDRESS |
DEPT 52/923 |
STREET |
10400 FERNWOOD ROAD |
CITY |
BETHESDA |
STATE |
Maryland |
ZIP/POSTAL CODE |
20817 |
COUNTRY |
United States |
PHONE |
301-380-4244 |
FAX |
301-644-8094 |
EMAIL |
iplaw@marriott.com |
AUTHORIZED EMAIL COMMUNICATION |
Yes |
PAYMENT SECTION |
SECTION 7 FEE |
100 |
TOTAL FEES DUE |
100 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Tracie R. Siddiqui/ |
SIGNATORY'S NAME |
Tracie Siddiqui |
SIGNATORY'S POSITION |
Senior Counsel |
DATE SIGNED |
04/15/2019 |
REQUEST SIGNATURE |
/Tracie R. Siddiqui/ |
SIGNATORY'S NAME |
Tracie R. Siddiqui |
SIGNATORY'S POSITION |
Senior Counsel |
DATE SIGNED |
04/15/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT § 8, 8 &15, OR 8 &9 FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Apr 15 10:55:47 EDT 2019 |
TEAS STAMP |
USPTO/S7R-XXX.XXX.XX.XX-2
0190415105547779543-57092
84-620dedf5be6a89a549b43b
63e1b6525aca71cebaed38b5e
f8889ab4815f2cce-DA-10350
-20190411152449872060 |
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.
5709284 WESTIN MAUI WATERMAN(Standard Characters, see http://uspto.report/TM/88054531/mark.png) has
been amended as follows:
EXPLANATION OF FILING
Pursuant to Lanham Act § 7(h), 15 U.S.C. § 1057(h), Westin Hotel Management, L.P. ("WHM") requests a change to the General Partner stated in the referenced registrations, which were issued with a
mistake in the manner in which the name of the registrant was set forth at the time of registration. In particular, the registrations indicate that the General Partner of WHM is Starwood Hotels &
Resorts Worldwide, LLC, a Maryland limited liability company ("SH&RW"), but at the time these registrations were issued, the General Partner of WHM had become WHLP Acquisition, LLC, a Delaware
limited liability company ("WHLP"). Before January 1, 2013, the sole General Partner of WHM was SH&RW. Pursuant to the First Amendment to Agreement of Limited Partnership and a Contribution
Agreement, both effective on January 1, 2013, SH&RW contributed 99% of its partnership assets to WHLP, which became the General Partner of WHM, while SH&RW maintained 1% of the partnership
assets and remained a Limited Partner of WHM. Registrant respectfully submits that this is a correctable error pursuant to 37 C.F.R. 2.71(d) and TMEP 1201.02(c), which permit amendments when there
was a mistake in the manner in which the name of the registrant was set out in the application. Section TMEP 803.03(b) notes that a change in the members of a domestic partnership is not a change of
new entity if the partnership agreement provides for continuation if there is a change in the members. Pursuant to WHM's partnership agreement, because SH&RW did not wholly withdraw from the
partnership (by maintaining its 1% interest), the partnership continued after WHLP became the General Partner. Therefore, the correct party filed the referenced applications, but the party merely
identified itself incorrectly by stating that a limited partner was the General Partner instead of listing the new General Partner. In addition, registrant inadvertently indicated it was a
Connecticut limited partnership when it is a Delaware limited partnership. WHM respectfully requests updates to each of the records, and is submitting the prescribed fee for issuance of new
registration certificates showing the correct registrant name.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Westin Hotel Management, L.P., a limited partnership legally organized under the laws of Delaware, comprising of Starwood Hotels & Resorts Worldwide, LLC, a Maryland limited
liability company, having an address of
One Star Point
Stamford, Connecticut 06902
United States
Proposed: Westin Hotel Management, L.P., a limited partnership legally organized under the laws of Delaware, comprising of WHLP Acquisition, LLC, a Delaware limited liability company, its
General partner, having an address of
One Star Point
Stamford, Connecticut 06902
United States
ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: TRACIE R. SIDDIQUI MARRIOTT INTERNATIONAL, INC. 10400 FERNWOOD ROAD DEPT 52/923 BETHESDA Maryland United States 20817
Proposed: Tracie R. Siddiqui of Marriott International, Inc., having an address of 10400 FERNWOOD ROAD DEPT 52/923 BETHESDA, Maryland United States 20817, whose e-mail address is
iplaw@marriott.com, whose phone number is 301-380-4244 and whose fax number is 301-644-8094.
The Other Appointed Attorney(s): Elizabeth G. Regan, Elisabeth Roth Escobar, Brian Scanlon.
CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: TRACIE R. SIDDIQUI MARRIOTT INTERNATIONAL, INC. 10400 FERNWOOD ROAD DEPT 52/923 BETHESDA Maryland United States 20817
Proposed: Tracie R. Siddiqui of Marriott International, Inc., having an address of 10400 FERNWOOD ROAD DEPT 52/923 BETHESDA, Maryland United States 20817, whose e-mail address is
iplaw@marriott.com, whose phone number is 301-380-4244 and whose fax number is 301-644-8094.
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: /Tracie R. Siddiqui/ Date: 04/15/2019
Signatory's Name: Tracie Siddiqui
Signatory's Position: Senior Counsel
Signatory's Phone: 301-380-4244
Request Signature
Signature: /Tracie R. Siddiqui/ Date: 04/15/2019
Signatory's Name: Tracie R. Siddiqui
Signatory's Position: Senior Counsel
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 registrant 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.
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: Tracie R. Siddiqui
Marriott International, Inc.
DEPT 52/923
10400 FERNWOOD ROAD
BETHESDA, Maryland 20817
RAM Sale Number: 5709284
RAM Accounting Date: 04/15/2019
Serial Number: 88054531
Internet Transmission Date: Mon Apr 15 10:55:47 EDT 2019
TEAS Stamp: USPTO/S7R-XXX.XXX.XX.XX-2019041510554777
9543-5709284-620dedf5be6a89a549b43b63e1b
6525aca71cebaed38b5ef8889ab4815f2cce-DA-
10350-20190411152449872060