Section 7 Request

WESTIN MAUI WATERMAN

Westin Hotel Management, L.P.

Section 7 Request Form

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


Section 7 Request [image/jpeg]


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