TEAS RF 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

Serial Number: 88786093

Filing Date: 02/05/2020

To the Commissioner for Trademarks:

MARK: EMPIRE STATE REALTY TRUST (Standard Characters, see mark)
The literal element of the mark consists of EMPIRE STATE REALTY TRUST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ESRT Empire State Building, L.L.C., a limited liability company legally organized under the laws of Delaware, having an address of
      111 West 33rd Street
      New York, New York 10120
      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:

International Class 036:  REAL ESTATE INVESTMENT TRUST SERVICES; REAL ESTATE INVESTMENT TRUST MANAGEMENT SERVICES; REAL ESTATE MANAGEMENT SERVICES, LEASING OF REAL ESTATE

In International Class 036, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/13/2012, and first used in commerce at least as early as 01/21/2013, 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) webpages advertising the services.

Original PDF file:
SPE0-655113918-20200205144715290583_._EMPIRE__STATE_REALTY_TRUST.36.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

International Class 037:  REAL ESTATE DEVELOPMENT AND CONSTRUCTION OF COMMERCIAL, RESIDENTIAL AND HOTEL PROPERTY

In International Class 037, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/07/2013, and first used in commerce at least as early as 10/07/2013, 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) webpages advertising the services.

Original PDF file:
SPE0-655113918-20200205144715290583_._EMPIRE_STATE_REALTY_TRUST.37.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

International Class 038:  RENTAL OF RADIO, TELEVISION AND TELECOMMUNICATION FACILITIES

In International Class 038, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/28/2013, and first used in commerce at least as early as 10/28/2013, 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) webpages advertising the services.

Original PDF file:
SPE0-655113918-20200205144715290583_._EMPIRE_STATE_REALTY_TRUST.38.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7

International Class 041:  ENTERTAINMENT SERVICES, NAMELY, PROVIDING OBSERVATION DECKS IN A SKYSCRAPER FOR PURPOSES OF SIGHTSEEING

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 02/18/2014, and first used in commerce at least as early as 02/18/2014, 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) webpages advertising the services.

Original PDF file:
SPE0-655113918-20200205144715290583_._EMPIRE_STATE_REALTY_TRUST.41.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4603352 and 4744135.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant hereby appoints Eric J. Shimanoff. Other appointed attorneys are William M. Borchard, Jeffrey Chery, Dasha Chestukhin, Mary A. Donovan, Kieran G. Doyle, Robert J. English, Jeffrey H. Epstein, C. J. Erickson, Lynn S. Fruchter, Morton D. Goldberg, Lawrence Greene, Midge M. Hyman, Justin I. Karasick, Mary L. Kevlin, Thomas Kjellberg, Maryann E. Licciardi, Meichelle R. MacGregor, Joelle Milov, Mark Montague, Raphael Nemes, Reema Pangarkar, Ariana J. Sarfarazi, Joel Karni Schmidt, George C. Sciarrino, Danielle J. Siegel, Deborah K. Squiers, Emily F. Stein, Brian Volk, Lyndsey Waddington, Dorothy R. Whitney, Ana Zhadina, and all other attorneys at Cowan, Liebowitz & Latman, P.C.. Eric J. Shimanoff of Cowan, Liebowitz & Latman, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      114 West 47th Street
      New York, New York 10036
      United States
      212-790-9200(phone)
      212-575-0671(fax)
      trademark@cll.com (authorized).
The attorney docket/reference number is 22690-17.
Eric J. Shimanoff 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.

The applicant's current Correspondence Information:

Eric J. Shimanoff

Cowan, Liebowitz & Latman, P.C.

114 West 47th Street

New York, New York 10036

212-790-9200(phone)

212-575-0671(fax)

trademark@cll.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 Reduced Fee 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 $1100 has been submitted with the application, representing payment for 4 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: /Eric J. Shimanoff/   Date: 02/05/2020
Signatory's Name: Eric J. Shimanoff
Signatory's Position: Attorney of Record, NY Bar Member
Payment Sale Number: 88786093
Payment Accounting Date: 02/05/2020

Serial Number: 88786093
Internet Transmission Date: Wed Feb 05 15:13:46 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200205151346610
834-88786093-7004d8490b06d3310caa71f92e9
ca875a4fbfed4d652e968763742bb776bf71a7-E
T-13456496-20200205144715290583