Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88806533 BLOCKBUSTER (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8880653 3/large) has been amended as follows:

EXPLANATION OF FILING
Applicant respectfully brings to the Examiner's attention that upon receipt of the Notice of Allowance, Applicant discovered an error made by the Office. Specifically, as initially filed, the Class 25 goods in the application contained two distinct filing bases. (1) The following goods were based on intent-to-use: "Sleepwear; boxer briefs. " (2) The following goods were based on actual use in commerce: "Shirts; t-shirts; sweatshirts; sweatpants; socks; hats; stocking hats; rugby shirts. " No amendment to this Class was made or authorized during examination of the instant application. However, the Notice of Allowance issued on August 18, 2020, shows all goods under Class 25 with the single filing basis "actual use in commerce. " Therefore, Applicant respectfully requests correction of the Class 25 goods in the application to read as initially filed, namely, (1) "(Based on Intent to Use) Sleepwear; boxer briefs" and (2) "(Based on Use in Commerce) Shirts; t-shirts; sweatshirts; sweatpants; socks; hats; stocking hats; rugby shirts"

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for (Based on Use in Commerce) Shirts; t-shirts; sweatshirts; sweatpants; socks; hats; stocking hats; rugby shirts; Sleepwear; boxer briefs
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/01/1996 and first used in commerce at least as early as 12/01/1996 , and is now in use in such commerce.


Proposed:

Tracked Text Description: (Based on Use in Commerce) Shirts; (Based on Use in Commerce) Shirts, t-shirts, sweatshirts, sweatpants, socks, hats, stocking hats, rugby shirts; t-shirts; (Based on Intent to Use) Sleepwear, boxer briefs; sweatshirts; sweatpants; socks; hats; stocking hats; rugby shirts; Sleepwear; boxer briefsClass 025 for (Based on Use in Commerce) Shirts, t-shirts, sweatshirts, sweatpants, socks, hats, stocking hats, rugby shirts; (Based on Intent to Use) Sleepwear, boxer briefs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/01/1996 and first used in commerce at least as early as 12/01/1996 , and is now in use in such commerce. Correspondence Information (current):
      IAN L. SAFFER
      PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0728.26-TM.
Correspondence Information (proposed):
      Ian L. Saffer
      PRIMARY EMAIL FOR CORRESPONDENCE: efs@adseroip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0728.26-TM.

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).

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Max Gratton/      Date: 09/10/2020
Signatory's Name: Max Gratton
Signatory's Position: Director & Senior Corporate Counsel, IP
Signatory's Phone Number: (303) 706-4506



Signature: /ils/     Date: 09/10/2020
Signatory's Name: Ian Saffer
Signatory's Position: Attorney of record, Colorado bar member

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 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.

Mailing Address:    IAN L. SAFFER
   ADSERO IP
   
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado 80120
Mailing Address:    Ian L. Saffer
   ADSERO IP
   8210 SOUTHPARK TERRACE
   LITTLETON, Colorado 80120
        
Serial Number: 88806533
Internet Transmission Date: Thu Sep 10 11:53:29 ET 2020
TEAS Stamp: USPTO/PPA-XXX.XX.XXX.XXX-202009101153291
00632-88806533-750601e504615df1adc11a77e
eecd402124824f818b3a044c329825279892b8-N
/A-N/A-20200831153924561246