TEAS Plus New Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 88524440

Filing Date: 07/19/2019

To the Commissioner for Trademarks:

MARK: LIVE THE DIFFERENCE (Standard Characters, see mark)
The mark in your application is LIVE THE DIFFERENCE.


The applicant, RAY DOUGLAS ANN & PATRICK, INC., DBA RPM COMPANY, a corporation of California, having an address of
      1420 S. MILLS AVENUE, SUITE M
      LODI, California 95242
      United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 036:  Real estate service, namely, rental property management

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 036, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/15/1996, and first used in commerce at least as early as 02/15/1996, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Brochure showing use of mark LIVE THE DIFFERENCE.

Original PDF file:
SPE0-666015022-20190719151809589879_._Specimen_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


Concurrent use
Concurrent use information. See Miscellaneous Statement and attached Coexistence Agreement for concurrent use information required by 37 CFR Section 2.42

Miscellaneous Statement
37 CFR Section 2.42 Required Information: (b)(1)Applicant's Geographic Area: California, Nevada, Oregon, Hawaii, Alaska, New Mexico, Utah, Wyoming, Montana and Idaho (b)(2) Applicant's Goods/Services: International Class 36 (b)(3) Mode of Use: Section 1(A) (b)(4) Concurrent users' names and addresses: Shea Homes, Inc. c/o Rick Young, Regional Counsel 8800 North Gainey Center Drive, Suite 350 Scottsdale, Arizona 85258 Shea Homes, Inc. c/o Robert J. Itri Milligan Lawless, P.C. 5050 N. 40th Street, Suite 200 Phoenix, Arizona 85018 (b)(5) Concurrent Users' Registrations: 4896427 & 4938077 (b)(6) Concurrent User in association with its International Class 36 services is using the mark in the geographic area of the United States of America excluding the states of California, Nevada, Oregon, Hawaii, Alaska, New Mexico, Utah, Wyoming, Montana and Idaho. Concurrent User is using the mark in association with International Class 37 and 41 in the geographic area of the United States of America. (b)(7) Concurrent Users' Goods or Services: Int. Class 036, 037 & 041 (b)(8) Mode of use by concurrent user: Section 1(a) (b)(9) Time Period of use by concurrent user: Feb. 05, 2015 to present

Original PDF file:
MIS-666015022-20190719151809589879_._Coexistence_Agreement.pdf
Converted PDF file(s) (6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6


The applicant's current Attorney Information:
      Josh Escovedo of Weintraub Tobin      400 Capitol Mall Drive, 11th Floor
      Sacramento, California 95814
      United States
      916-558-6000(phone)
      916-446-1611(fax)
      JEscovedo@weintraub.com (authorized)
The attorney docket/reference number is 313770/00002.

The applicant's current Correspondence Information:

Josh Escovedo

Weintraub Tobin

400 Capitol Mall Drive, 11th Floor

Sacramento, California 95814

916-558-6000(phone)

916-446-1611(fax)

JEscovedo@weintraub.com;trademarks@weintraub.com; nburton@weintraub.com; d@weintraub.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Josh Escovedo/   Date: 07/19/2019
Signatory's Name: Josh Escovedo
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone Number: 916-558-6181
Payment Sale Number: 88524440
Payment Accounting Date: 07/22/2019

Serial Number: 88524440
Internet Transmission Date: Fri Jul 19 15:55:29 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20190719155529824
395-88524440-6207458503bb77230f19fe36d92
93b06dd46aa7ccd36498b9d138f6b5892fd273-D
A-2420-20190719151809589879