Section 7 Request

PTO- 1597

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1597

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 6078423 CALIBER(Standard Characters, see http://uspto.report/TM/88597582/mark.png) has been amended as follows:

EXPLANATION OF FILING

Pursuant to TMEP 1201.02(c)(7), Applicant respectfully requests that the owner of U.S. Trademark Registration No. 6078423 for the CALIBER mark be corrected to reflect that the proper owner of this registration is Caliber, Inc. instead of Caliber Products Inc.  This error in the registration is correctable pursuant to TMEP 1201.02(c)(7) because Caliber Products Inc. is a non-existent entity, as Caliber Product Inc. has never been incorporated in the State of Minnesota, much less by Caliber, Inc.

 

At the time of filing the CALIBER application on August 19, 2019, Caliber Products Inc. was mistakenly listed instead of the rightful owner Caliber, Inc. This was due to error without any deceptive intent.  Again, Caliber Products Inc. never existed as a legal entity on the application filing date and therefore this error can be corrected pursuant to TMEP 1201.02(c)(7).  The owner of this mark and application is Caliber, Inc.

 

Further, case law supports this request to correct this inadvertent error. See for example, U.S. Pioneer Elec. Corp. v. Evans Mktg., Inc., 183 USPQ 613 (Comm’r Pats. 1974) (holding that applicant’s name may be corrected where the application was mistakenly filed in the name of a fictitious and non-existent party).

 

In light of the fact that both the TMEP and case law supports correcting a registration when filed in the name of a non-existent entity, Caliber, Inc. respectfully requests that the owner of U.S. Trademark Registration No. 6078423 for the CALIBER mark be corrected to reflect that the proper owner of this registration is Caliber, Inc.

OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Caliber Products Inc., a corporation of Minnesota, having an address of
      12600 35 Frontage Rd W
      Burnsville, Minnesota 55337
      United States
      XXXX
Proposed: Caliber, Inc., a corporation of Minnesota, having an address of

      12600 West Frontage Road
      Burnsville, Minnesota 55337
      United States
      XXXX


The owner's/holder's current attorney information: Peter J. Ims. Peter J. Ims of Westman, Champlin & Koehler, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 1100
      121 South Eighth Street
      Minneapolis, Minnesota 55402
      United States
The docket/reference number is C106.6000US1.

The email address is pims@wck.com

The owner's/holder's proposed attorney information: Peter J. Ims. Other appointed attorneys are Judson K. Champlin, Steven M. Koehler, David D. Brush, John D. Veldhuis-Kroeze, Theodore M. Magee, Brian D. Kaul, Alan G. Rego, Leanne Taveggia Farrell, Z. Peter Sawicki, James L. Young, Hallie A. Finucane, Mai-Tram D. Lauer, Daniel J. Polglaze, Amanda M. Prose, Barbara J. Clark, Pamela J. Jeppson. Peter J. Ims of Westman, Champlin & Koehler, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1100
      121 South Eighth Street
      Minneapolis, Minnesota 55402
      United States
The docket/reference number is C106.6000US1.

The phone number is 612-334-3222.

The fax number is 612-334-3312.

The email address is pims@wck.com

Peter J. Ims submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Peter J. Ims
      PRIMARY EMAIL FOR CORRESPONDENCE: pims@wck.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): blindstrom@wck.com
Correspondence Information (proposed):
      Peter J. Ims
      PRIMARY EMAIL FOR CORRESPONDENCE: pims@wck.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lswaja@wck.com

The docket/reference number is C106.6000US1.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Peter J. Ims/      Date: 03/25/2021
Signatory's Name: Peter J. Ims
Signatory's Position: Attorney of Record [MN Bar Member]
Signatory's Phone: 612-334-3222
Signature method: Sent to third party for signature

Request Signature
Signature: /Peter J. Ims/     Date: 03/25/2021
Signatory's Name: Peter J. Ims
Signatory's Position: Attorney of Record

Signatory's Phone: 6128520607

Signature method: Sent to third party for signature
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:    Peter J. Ims
   Westman, Champlin & Koehler, P.A.
   Suite 1100
   121 South Eighth Street
   Minneapolis, Minnesota 55402
Mailing Address:    Peter J. Ims
   Westman, Champlin & Koehler, P.A.
   Suite 1100
   121 South Eighth Street
   Minneapolis, Minnesota 55402
        
PAYMENT: 6078423
PAYMENT DATE: 03/25/2021
        
Serial Number: 88597582
Internet Transmission Date: Thu Mar 25 16:15:57 ET 2021
TEAS Stamp: USPTO/S7R-XX.XXX.XXX.XXX-202103251615573
57681-6078423-7706596fed4d765539ece37678
9ebc7d59220cf16591b7b2716da16544e121d-CC
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