Trademark/Service Mark Application, Principal Register
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
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular
application.
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
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.
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
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
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