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)

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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 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. 5924786 ORACLE(Standard Characters, see http://uspto.report/TM/88339821/mark.png) has been amended as follows:

EXPLANATION OF FILING

Registrant requests a correction to the registration certificate.

 

As background, Registrant's application specified more than one first use date for the services in Class 42. Due to USPTO error, the application proceeded to publication with July 16, 2018 listed as Registrant's first use and first use in commerce dates. However, the earliest first use date listed in the application is September 18, 2016. Under TMEP § 903.08, "Where more than one date is specified for a particular class, the earliest date will be printed in the Official Gazette and, if a registration issues, on the certificate of registration."

 

Registrant submitted a post-publication amendment on November 6, 2019 requesting that the first use and first use in commerce dates printed on the registration certificate be listed as September 18, 2016, which is the earliest date specified in the application.

 

The USPTO issued a post-publication amendment decision on December 17, 2019, indicating that Registrant's request was submitted too late or was not processed in time to withdraw the mark from the scheduled issuance of a registration, and instructed Registrant to submit the amendment as a Section 7 Request.

 

Accordingly, Registrant respectfully requests that the first use and first use in commerce dates printed on the registration certificate be corrected to September 18, 2016, which is the earliest date specified in the application. 

The applicant's current correspondence information: Jill K. Tomlinson. Jill K. Tomlinson, is located at

      Mailstop IP Docketing 22
      1100 Peachtree Street, Suite 2800
      Atlanta, Georgia 30309
      US
The docket/reference number is 1131083.

The phone number is 404-815-6500.

The fax number is 404-815-6555.

The email address is jtomlinson@kilpatricktownsend.com; tmadmin@kilpatricktownsend.com

The applicants proposed correspondence information: Jill K. Tomlinson. Jill K. Tomlinson of Kilpatrick Townsend & Stockton LLP, is located at

      Mailstop IP Docketing 22
      1100 Peachtree Street, Suite 2800
      Atlanta, Georgia 30309
      United States
The docket/reference number is 1131083.

The phone number is 404-815-6500.

The fax number is 404-815-6555.

The email address is tmadmin@kilpatricktownsend.com; jtomlinson@kilpatricktownsend.com

ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
Because the amendment was filed prior to registration, no fee is required.


I hereby elect not to submit any fee. I believe no fee is required because I am seeking to correct an immaterial, e.g., clerical, error that was the fault of the USPTO, rather than the fault of the owner/holder. I understand that the USPTO may, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Request Signature
Signature: /Jill K. Tomlinson/     Date: 01/22/2020
Signatory's Name: Jill K. Tomlinson
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone: 212-775-8700

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:    Jill K. Tomlinson
   
   Mailstop IP Docketing 22
   1100 Peachtree Street, Suite 2800
   Atlanta, Georgia 30309
Mailing Address:    Jill K. Tomlinson
   Kilpatrick Townsend & Stockton LLP
   Mailstop IP Docketing 22
   1100 Peachtree Street, Suite 2800
   Atlanta, Georgia 30309
        
Serial Number: 88339821
Internet Transmission Date: Wed Jan 22 16:49:20 EST 2020
TEAS Stamp: USPTO/S7R-XX.XXX.XXX.XXX-202001221649204
98082-5924786-7000ba287714ef75e6bbbb7ba7
09c9d62e39eb8c6e5e6b2c5f648b61ecd33-N/A-
N/A-20200121190950427406