Petition for Cancellation · 15. Beginning May 2013, Petitioner advertised and/or sold these...

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA1081762

Filing date: 09/14/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Petition for Cancellation

Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.

Petitioner Information

Name Kevin Garbes

Entity Individual Citizenship UNITED STATES

Address 2958 ANGLE ROADORCHARD PARK, NY 14127UNITED STATES

Attorney informa-tion

PAUL TICENPAUL TICEN LAW3195 SOUTH PRICE ROADSUITE 148CHANDLER, AZ 85286UNITED STATESPrimary Email: [email protected]

Docket Number

Registrations Subject to Cancellation

Registration No. 4839638 Registration date 10/27/2015

Registrant BigBoyMusic, Inc21282 BRAXFIELD LOOPESTERO, FL 33928UNITED STATES

Goods/Services Subject to Cancellation

Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby bodysuits; Hats;Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;Sweat shirts; T-shirts; Tank tops; Underwear

Grounds for Cancellation

No use of mark in commerce before application,amendment to allege use, or statement of usewas filed

Trademark Act Sections 14(1) and 1(a), (c), and(d)

Failure to function as a mark Trademark Act Sections 14(1) and 1,2 and 45

Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)


http://estta.uspto.gov





















Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby bodysuits; Hats;Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;

Sweat shirts; T-shirts; Tank tops; Underwear









Class 025. First Use: 2007/00/00 First Use In Commerce: 2007/00/00All goods and services in the class are subject to cancellation, namely: Baby rompers; hats; hoodedsweat shirts; jackets; pants; shorts; socks; sweat shirts; t-shirts; tank tops; underwear; long sleeveand short sleeve t-shirts






Attachments Consolidated Petition to Cancel.pdf(105928 bytes )Consolidated Exhibit A .pdf(133929 bytes )Consolidated Exhibit B.pdf(418007 bytes )Consolidated Exhibit C .pdf(78049 bytes )Consolidated Exhibit D .pdf(61735 bytes )Consolidated Exhibit E .pdf(558517 bytes )Consolidated Exhibit F.pdf(1017202 bytes )

Signature /Paul Ticen/

Name Paul Ticen

Date 09/14/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

KEVIN GARBES

Petitioner,

vs.

BIGBOY MUSIC, INC.

Registrant.

Cancellation No.: __________________ CONSOLIDATED PETITION FOR

CANCELLATION Marks: SOMEONE IN NEW YORK LOVES ME!! (4,839,635); SOMEONE IN BOSTON LOVES ME!! (4839634); SOMEONE IN FLORIDA LOVES ME!! (4,839,636); SOMEONE IN CALIFORNIA LOVES ME!! (4839638); SOMEONE IN TEXAS LOVES ME!! (5,031,084)

In accordance with 37 C.F.R. § 2.112 (b) and TBMP § 305.01, Petitioner Kevin

Garbes (“Petitioner”), a resident of New York, hereby petitions the Trademark Trial and

Appeal Board to cancel the following registrations: SOMEONE IN NEW YORK LOVES

ME!! (4,839,635); SOMEONE IN BOSTON LOVES ME!! (4839634); SOMEONE IN

FLORIDA LOVES ME!! (4,839,636); SOMEONE IN CALIFORNIA LOVES ME!!

(4839638); SOMEONE IN TEXAS LOVES ME!! (5,031,084) (hereinafter referred to as

“Consolidated Marks”) registered and owned by BigBoy Music, Inc. (“Registrant”).

Petitioner has and continues to be harmed by the Consolidated Marks. Based on

Petitioner's personal knowledge and upon information and belief of other factual matters,

Petitioner states the following allegations and grounds for his consolidated petition for

cancellation:

1. On September 9, 2014, Registrant filed separate applications pursuant to

§1(a) for registration of SOMEONE IN NEW YORK LOVES ME!!, SOMEONE IN

BOSTON LOVES ME!!, SOMEONE IN FLORIDA LOVES ME!!, and SOMEONE IN

CALIFORNIA LOVES ME!! in connection with "[b]aby bodysuits, hats; hooded sweat

shirts; jackets; pants; rompers, short-sleeved or long-sleeved t-shirts, shorts, socks, sweat

shirts; t-shirts; tank tops; [and] underwear” under International Class 25. (See Exhibit A).

2. Registrant asserted in the applications that it began using the above purported

marks in 2007 without identifying a month or day.

3. Registrant’s specimen for each application was a single image consisting of

a baby garment with the purported mark digitally superimposed over the image. (See

Exhibit B).

4. Other than the difference between the purported marks, each application was

a carbon copy of the others, including pertinent information such as first date of commerce,

the specimen, identified goods, etc.

5. On December 19, 2014, the assigned examiner issued an Office Action

refusing registration because the mark was merely a decorative or ornamental feature of

the clothing and invited Registrant to submit a “substitute specimen” that was in actual use

in commerce at least as early as the filing date of the application and that showed proper

trademark use, including labels inside a garment. (See Exhibit C).

6. On June 8, 2015, Registrant submitted a Response to Office Action for each

application with a purported “substitute specimen,” showing a single close-up image of

what appears to be a plain white t-shirt with the purported mark digitally superimposed

over the image or printed on the inside back of the shirt. (See Exhibits D (ROA) and E

(Substitute Specimen).

7. In the Response to Office Action, Registrant attested to: "[t]he substitute (or

new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at

least as early as the filing date of the application"[for an application based on Section 1(a),

Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate)

specimen(s) was/were in use in commerce prior either to the filing of the Amendment to

Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an

application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy

of the specimen that was originally submitted with the application, amendment to allege

use, or statement of use" [for an illegible specimen]. (See Exhibit D).

8. Similar to the applications, each Response to Office Action was a carbon

copy of the other responses except for the purported mark shown in the substitute specimen.

9. The USPTO examiner took registrant’s assertions at face value, and

eventually the four certificates of registration were issued on October 27, 2015.

10. On January 18, 2016, Registrant filed an application pursuant to §1(a) for

registration of SOMEONE IN TEXAS LOVES ME!! in connection with "[b]aby rompers;

hats; hooded sweat shirts; jackets; pants; shorts; socks; sweat shirts; t-shirts; tank tops;

underwear; long sleeve and short sleeve t-shirts” under International Class 25. (Exhibit

A).

11. Registrant asserted it began using the above mark in 2007 without asserting

a month and day. The same year, along with omission of a month and day, that Registrant

asserted in Registrant’s original applications on September 9, 2014. (Id.).

12. Having learned from its mistake during the four prior applications, Registrant

submitted a specimen consisting of a single image of an apparent plaint white t-shirt with

the purported mark either digitally superimposed over the image or printed on the inside

back of the shirt. (Exhibit B).

13. On August 30, 2016, the registration SOMEONE IN TEXAS LOVES ME!!

was issued to Registrant under registration number 5,031,084

14. Petitioner designs, advertises, markets and sells t-shirts through its own

website and third-party e-commerce websites with common slogans, message and

expressions on the front of the t-shirts and other apparel items.

15. Beginning May 2013, Petitioner advertised and/or sold these t-shirts and/or

other apparel items on one or more third party e-commerce websites that was/were identical

and/or close to one or more of the Consolidated Marks.

16. On information and belief, Registrant was successful in having Petitioner’s

listings taken down pursuant to a third party e-commerce website’s intellectual property

policies and procedures.

17. Petitioner sought to appeal the decision with the third party e-commerce

website, but was notified by website staff that they do not decide intellectual property

disputes and deference was given to Registrant’ certificates of registration irrespective of

whether Registrant’s registration was validly obtained.

18. In or around February 2018, Petitioner purchased a baby garment from

Registrant via a third party e-commerce website with the purported mark SOMEONE IN

CALIFORNIA LOVES ME!! Notwithstanding the “substitute specimen” that Registrant

used to obtain this particular registration, the purported mark is not imprinted on the back

and inside of the garment, but instead, the words are solely used on the baby garment in a

decorative and ornamental manner and the tag is from a different manufacturer. (See

images attached as Exhibit F).

19. Registrant’s use of the Consolidated Marks do not function as a trademark

and as such Registrant has never used any or all of the Consolidated Marks in commerce

from the date attested to in its applications to the USPTO, attested to in the Responses to

Office Action and Substitute Specimens submitted to the USPTO and any point thereafter.

20. Instead, Registrant has and continues to use the Consolidated Marks as

nothing more than a decorative or ornamental feature of various apparel items, and

Registrant only obtained the registrations through use of a sham substitute specimen that

has enabled Registrant to bully other sellers and abuse trademark laws by obtaining an ill-

gotten monopoly over what is nothing more than words conveying a common slogan,

message or expression that fail to indicate the source of the goods or identify and

distinguish Registrant’s goods from others.

21. As stated above, Registrant procured registrations for the Consolidated

Marks through fraud by submitting sham substitute specimens that did not accurately

reflect how Registrant actually used the Consolidated Marks on the date the substitute

specimen was submitted and/or at any point thereafter.

22. Even had Registrant actually used the Consolidated Marks in a manner

consistent with the substitute specimens, such use nevertheless fails to function as a

trademark because the Consolidated Marks are nothing more than words conveying a

common slogan, message or expression fitting of a post card as opposed to indicating the

source of the goods or identifying and distinguishing Registrant’s goods from others.

23. Accordingly, Petitioner requests that the registrations for the Consolidated

Marks, specifically SOMEONE IN NEW YORK LOVES ME!! (4,839,635); SOMEONE

IN BOSTON LOVES ME!! (4839634); SOMEONE IN FLORIDA LOVES ME!!

(4,839,636); SOMEONE IN CALIFORNIA LOVES ME!! (4839638); SOMEONE IN

TEXAS LOVES ME!! (5,031,084), be cancelled on grounds that (1) Registrant has failed

to use any of the Consolidated Marks in commerce, (2) the Consolidated Marks do not

function as trademarks but instead are ornamental and decorative feature of the goods that

do nothing more than convey common slogans, messages or expressions, and (3) Registrant

procured the registrations through fraud, namely, by submitting sham substitute specimens

that do not accurately reflect how Registrant actually used the purported Consolidated

Marks at the time the original applications were filed and/or at any point thereafter.

WHEREFORE, Petitioner requests that registrations of the Consolidated Marks be

cancelled and that this Petition for Cancellation be sustained in Petitioner's favor.

Respectfully Submitted this 14th day of September 2020.

PAUL TICEN LAW

By /s/ Paul D. Ticen

Paul D. Ticen 3195 South Price Road, Suite 148

Tel: (480) 646-9382 E-Mail: [email protected] AZ Bar Number - 024788 Attorney for Petitioner

EXHIBIT A

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 86389877

Filing Date: 09/09/2014

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.

The table below presents the data as entered.

Input Field Entered

TEAS Plus YES

MARK INFORMATION

*MARK Someone in New York Loves Me!!

*STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT Someone in New York Loves Me!!

*MARK STATEMENTThe mark consists of standard characters, without claim to any

particular font, style, size, or color.

REGISTER Principal

APPLICANT INFORMATION

*OWNER OF MARK BigBoyMusic, Inc

*STREET 21282 Braxfield Loop

*CITY Estero

*STATE

(Required for U.S. applicants)Florida

*COUNTRY United States

*ZIP/POSTAL CODE

(Required for U.S. applicants only)33928

EMAIL ADDRESS XXXX

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

LEGAL ENTITY INFORMATION

*TYPE CORPORATION

* STATE/COUNTRY OF INCORPORATION Florida

GOODS AND/OR SERVICES AND BASIS INFORMATION

*INTERNATIONAL CLASS 025

*IDENTIFICATION

Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants;

Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks;


../FTK0002.JPG

*FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 00/00/2007

FIRST USE IN COMMERCE DATE At least as early as 00/00/2007

SPECIMEN

FILE NAME(S)

\\TICRS\EXPORT16\IMAGEOUT

16\863\898\86389877\xml1\ FTK0003.JPG

SPECIMEN DESCRIPTION digitally scanned photograph of product

ADDITIONAL STATEMENTS INFORMATION

*TRANSLATION

(if applicable)

*TRANSLITERATION

(if applicable)

*CLAIMED PRIOR REGISTRATION

(if applicable)

*CONSENT (NAME/LIKENESS)

(if applicable)

*CONCURRENT USE CLAIM

(if applicable)

CORRESPONDENCE INFORMATION

*NAME BigBoyMusic, Inc


*CITY Estero

*STATE



*ZIP/POSTAL CODE 33928

*EMAIL ADDRESS [email protected]

*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE PAID 275

SIGNATURE INFORMATION

* SIGNATURE /Maarten Peters/

* SIGNATORY'S NAME Maarten Peters

* SIGNATORY'S POSITION President

SIGNATORY'S PHONE NUMBER 239-287-2517

* DATE SIGNED 09/08/2014

../FTK0003.JPG

../FTK0003.JPG

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)





To the Commissioner for Trademarks:

MARK: Someone in New York Loves Me!! (Standard Characters, see mark)

The literal element of the mark consists of Someone in New York Loves Me!!.

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, BigBoyMusic, Inc, a corporation of Florida, having an address of

21282 Braxfield Loop

Estero, Florida 33928

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 025: Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;

Socks; Sweat shirts; T-shirts; Tank tops; Underwear

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least

as early as 00/00/2007, and first used in commerce at least as early as 00/00/2007, 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 and/or

services, consisting of a(n) digitally scanned photograph of product.

Specimen File1

The applicant's current Correspondence Information:

BigBoyMusic, Inc



[email protected] (authorized)

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the

trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or

in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the

applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an

application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the

applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection

with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and

the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may

jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are

../FTK0002.JPG

../FTK0003.JPG

true and all statements made on information and belief are believed to be true.

Signature: /Maarten Peters/ Date Signed: 09/08/2014

Signatory's Name: Maarten Peters

Signatory's Position: President

RAM Sale Number: 86389877

RAM Accounting Date: 09/10/2014


Internet Transmission Date: Tue Sep 09 17:41:39 EDT 2014

TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20140909174139

672297-86389877-500844d5f7c95b3ae964cb6e

f56e1628fafcb19b2fbbbaee0cd4bf8f82e2bb2a

4-CC-2179-20140908145802669455

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)








Input Field Entered

TEAS Plus YES

MARK INFORMATION

*MARK Someone in Boston Loves Me!!



LITERAL ELEMENT Someone in Boston Loves Me!!



REGISTER Principal




*CITY Estero

*STATE



*ZIP/POSTAL CODE


EMAIL ADDRESS XXXX



*TYPE CORPORATION




*IDENTIFICATION




../FTK0002.JPG




SPECIMEN

FILE NAME(S)


16\863\898\86389859\xml1\ FTK0003.JPG



*TRANSLATION

(if applicable)

*TRANSLITERATION

(if applicable)


(if applicable)


(if applicable)


(if applicable)




*CITY Estero

*STATE






FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE PAID 275







../FTK0003.JPG

../FTK0003.JPG

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)






MARK: Someone in Boston Loves Me!! (Standard Characters, see mark)

The literal element of the mark consists of Someone in Boston Loves Me!!.





United States










Specimen File1


BigBoyMusic, Inc





Declaration












../FTK0002.JPG

../FTK0003.JPG










079815-86389859-5005ee9e322ee7d9e1658e9e

ac92f72c0e3fceaf1ba1e3933c217e5ed45b369b

53f-CC-2121-20140908150138653340

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)








Input Field Entered

TEAS Plus YES

MARK INFORMATION

*MARK Someone in Florida Loves me!!



LITERAL ELEMENT Someone in Florida Loves me!!



REGISTER Principal




*CITY Estero

*STATE



*ZIP/POSTAL CODE


EMAIL ADDRESS XXXX



*TYPE CORPORATION




*IDENTIFICATION




../FTK0002.JPG




SPECIMEN

FILE NAME(S)


16\863\898\86389882\xml1\ FTK0003.JPG



*TRANSLATION

(if applicable)

*TRANSLITERATION

(if applicable)


(if applicable)


(if applicable)


(if applicable)




*CITY Estero

*STATE






FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE PAID 275







../FTK0003.JPG

../FTK0003.JPG

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)






MARK: Someone in Florida Loves me!! (Standard Characters, see mark)

The literal element of the mark consists of Someone in Florida Loves me!!.





United States










Specimen File1


BigBoyMusic, Inc





Declaration












../FTK0002.JPG

../FTK0003.JPG










901481-86389882-5007a1615f523313f162ffd4

52d7aa3af236c6d26e2eb6090d6add48b347898-

CC-2201-20140908145431914802

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)








Input Field Entered

TEAS Plus YES

MARK INFORMATION

*MARK Someone in California Loves Me!!



LITERAL ELEMENT Someone in California Loves Me!!



REGISTER Principal




*CITY Estero

*STATE



*ZIP/POSTAL CODE


EMAIL ADDRESS XXXX



*TYPE CORPORATION




*IDENTIFICATION




../FTK0002.JPG




SPECIMEN

FILE NAME(S)


16\863\898\86389891\xml1\ FTK0003.JPG



*TRANSLATION

(if applicable)

*TRANSLITERATION

(if applicable)


(if applicable)


(if applicable)


(if applicable)




*CITY Estero

*STATE






FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE PAID 275







../FTK0003.JPG

../FTK0003.JPG

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)






MARK: Someone in California Loves Me!! (Standard Characters, see mark)

The literal element of the mark consists of Someone in California Loves Me!!.





United States










Specimen File1


BigBoyMusic, Inc





Declaration












../FTK0002.JPG

../FTK0003.JPG










002465-86389891-500fc6fa66bc9e8692cdec2d

1d56ffb377119c30ce3666dd1380e5347c12e3-C

C-2261-20140908144155289210

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 02/28/2018)





Input Field Entered

SERIAL NUMBER 86879292

MARK INFORMATION

*MARK Someone In Texas Loves Me!!

STANDARD CHARACTERS YES


LITERAL ELEMENT Someone In Texas Loves Me!!

MARK STATEMENTThe mark consists of standard characters, without claim to any


REGISTER Principal




*CITY Estero

*STATE



*ZIP/POSTAL CODE

(Required for U.S. applicants)33928

EMAIL ADDRESS XXXX



TYPE corporation

STATE/COUNTRY OF INCORPORATION Florida


INTERNATIONAL CLASS 025

*IDENTIFICATION

Baby rompers; hats; hooded sweat shirts; jackets; pants; shorts;

socks; sweat shirts; t-shirts; tank tops; underwear; long sleeve

and short sleeve t-shirts

FILING BASIS SECTION 1(a)




../RFA0002.JPG

../RFA0003.JPG

SPECIMEN FILE NAME(S)16\868\792\86879292\xml1\ RFA0003.JPG



NAME BigBoyMusic, Inc

STREET 21282 Braxfield Loop

CITY Estero

STATE Florida

COUNTRY United States

ZIP/POSTAL CODE 33928



FEE INFORMATION

APPLICATION FILING OPTION TEAS RF

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE DUE 275

*TOTAL FEE PAID 275


SIGNATURE /Maarten Peters/

SIGNATORY'S NAME Maarten Peters

SIGNATORY'S POSITION President


DATE SIGNED 01/18/2016

../RFA0003.JPG

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 02/28/2018)





MARK: Someone In Texas Loves Me!! (Standard Characters, see mark)

The literal element of the mark consists of Someone In Texas Loves Me!!.





United States

XXXX



International Class 025: Baby rompers; hats; hooded sweat shirts; jackets; pants; shorts; socks; sweat shirts; t-shirts; tank tops; underwear;

long sleeve and short sleeve t-shirts

In International Class 025, 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 00/00/2007, and first used in commerce at least as early as 00/00/2007, 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) digitally scanned photograph of product.

Specimen File1


BigBoyMusic, Inc




E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney

at the e-mail address provided above. 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 an additional processing fee of $50 per international class of goods/services.


Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the

trademark/service mark sought to be registered; the applicant is using the mark 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/or if the applicant filed

an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a

bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory

believes that 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. 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 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.

../RFA0002.JPG')

../RFA0003.JPG

Declaration Signature

Signature: /Maarten Peters/ Date: 01/18/2016






Internet Transmission Date: Tue Jan 19 12:05:54 EST 2016

TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2016011912055465

9098-86879292-55089e9244f18b993fb73d07fb

4529cfa8f47674d2149f4ac91d6a881cef86db1b

-CC-16287-20160115165425833208

EXHIBIT B

EXHIBIT C

To: BigBoyMusic, Inc ([email protected])

Subject: U.S. TRADEMARK APPLICATION NO. 86389877 - SOMEONE IN NEW YORK LOVES ME!! - N/A

Sent: 12/19/2014 4:03:57 PM

Sent As: [email protected]

Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. 86389877

MARK: SOMEONE IN NEW YORK LOVES ME!!

*86389877*CORRESPONDENT ADDRESS:

BIGBOYMUSIC, INC

21282 BRAXFIELD LOOP

ESTERO, FL 33928-3262

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.uspto.gov/trademarks/teas/response_forms.jsp

VIEW YOUR APPLICATION FILE

APPLICANT: BigBoyMusic, Inc

CORRESPONDENT’S REFERENCE/DOCKET NO :

N/A

CORRESPONDENT E-MAIL ADDRESS:

[email protected]

OFFICE ACTION

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S

COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 12/19/2014

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to

the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

No Conflicting Marks

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that

would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

Refusal – Mark is Ornamental

Registration is refused because the applied-for mark as used on the specimen of record (1) is merely a decorative or ornamental feature of

applicant’s clothing; and (2) does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish

applicant’s clothing from others. Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In re Lululemon Athletica Can. Inc.,

105 USPQ2d 1684, 1689 (TTAB 2013); In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); TMEP §§904.07(b), 1202.03 et seq.

When evaluating a mark that appears to be ornamental, the size, location, dominance, and significance of the alleged mark as applied to the goods

are all relevant factors in determining the commercial impression of the applied-for mark. See, e.g., In re Lululemon Athletica Can. Inc., 105

USPQ2d at 1687 (quoting In re Right-On Co., 87 USPQ2d 1152, 1156 (TTAB 2008)); In re Dimitri’s Inc ., 9 USPQ2d 1666, 1667 (TTAB

1988); TMEP §1202.03(a).

mailto:[email protected]


http://tsdr.uspto.gov/#caseNumber=86389877&caseType=SERIAL_NO&searchType=documentSearch

With respect to clothing, consumers may recognize small designs or discrete wording as trademarks, rather than as merely ornamental features,

when located, for example, on the pocket or breast area of a shirt. See TMEP §1202.03(a). Consumers may not, however, perceive larger

designs or slogans as trademarks when such matter is prominently displayed across the front of a t-shirt. See In re Pro-Line Corp., 28 USPQ2d at

1142 (holding BLACKER THE COLLEGE SWEETER THE KNOWLEDGE centered in large letters across most of the upper half of a shirt, to

be a primarily ornamental slogan that was not likely to be perceived as a source indicator); In re Dimitri’s Inc. , 9 USPQ2d at 1667-68 (holding

SUMO used in connection with stylized depictions of sumo wrestlers and displayed in large lettering across the top-center portion of t-shirts and

caps, to be an ornamental feature of the goods that did not function as a trademark); TMEP §1202.03(a), (b), (f)(i), (f)(ii).

In this case, the submitted specimen shows the applied-for mark, SOMEONE IN NEW YORK LOVES ME!!, located directly on front of the

clothing and covering most of the front surface, where ornamental elements often appear. See TMEP §1202.03(a), (b). Furthermore, the mark is

displayed in a relatively large size on the clothing such that it dominates the overall appearance of the goods. Lastly, the applied-for mark

appears to be a slogan that is merely decorative and has little or no particular source-identifying significance.

Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to indicate

the source of applicant’s goods and to distinguish them from others.

In appropriate circumstances, applicant may overcome this refusal by satisfying one of the following options:

(1) Submit a different specimen (a verified “substitute” specimen) that was in actual use in commerce at least as early as the filing date of the

application (or prior to the filing of an amendment to allege use) and that shows proper trademark use for the identified goods in International

Class 25. Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.

(2) Amend to the Supplemental Register, which is a second trademark register for marks not yet eligible for registration on the Principal

Register, but which may become capable over time of functioning as source indicators.

(3) Claim acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive

of applicant’s goods; that is, proof that applicant’s extensive use and promotion of the mark allowed consumers now directly to associate the

mark with applicant as the source of the goods.

(4) Submit evidence that the applied-for mark is an indicator of secondary source; that is, proof that the mark is already recognized as a

source indicator for other goods or services that applicant sells/offers.

(5) Amend the filing basis to intent to use under Section 1(b). This option will later necessitate additional fee(s) and filing requirements.

For an overview of all response options referenced above and instructions on how to satisfy each option online using the Trademark Electronic

Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/ornamentalclothing.jsp.

TEAS PLUS APPLICANTS – TO MAINTAIN REDUCED FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING

SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus application form must

(1) continue to submit certain documents online using TEAS, including responses to Office actions (see TMEP §819.02(b) for a complete list of

these documents); (2) accept correspondence from the USPTO via e-mail throughout the examination process; and (3) maintain a valid e-mail

address. See 37 C.F.R. §2.23(a)(1), (a)(2); TMEP §§819, 819.02(a). TEAS Plus applicants who do not meet these three requirements must

submit an additional fee of $50 per international class of goods and/or services. 37 C.F.R. §2.6(a)(1)(iv); TMEP §819.04. However, in certain

situations, authorizing an examiner’s amendment by telephone will not incur this additional fee.

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail

communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this

Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further,

although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office

action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.

Thank you,

/Michael Webster/

http://www.uspto.gov/trademarks/law/substitutespecimen.jsp

http://www.uspto.gov/trademarks/law/suppreg_ornamentalclothing.jsp



http://www.uspto.gov/trademarks/law/evidence_ornamentalclothing.jsp

http://www.uspto.gov/trademarks/law/secondarysource_ornamentalclothing.jsp

http://www.uspto.gov/trademarks/law/amendingbasis.jsp

http://www.uspto.gov/trademarks/law/ornamentalclothing.jsp

Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]

TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the

issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.

For technical assistance with online forms, e-mail [email protected]. For questions about the Office action itself, please contact the assigned

trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to

this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an

applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the

response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official

notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at

http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the

Trademark Assistance Center by e-mail at [email protected] or call 1-800-786-9199. For more information on checking

status, see http://www.uspto.gov/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.



http://tsdr.uspto.gov/


http://www.uspto.gov/trademarks/process/status/

http://www.uspto.gov/trademarks/teas/correspondence.jsp


Subject: U.S. TRADEMARK APPLICATION NO. 86389877 - SOMEONE IN NEW YORK LOVES ME!! - N/A

Sent: 12/19/2014 4:03:58 PM


Attachments:


IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 12/19/2014 FOR U.S. APPLICATION SERIAL NO. 86389877

Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an

official letter to which you must respond. Please follow these steps:

(1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking

on “Documents.”

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24

hours of this e-mail notification.

(2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 12/19/2014, using the Trademark Electronic

Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as

responses to Office actions.

(3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your

application, identified below.

/Michael Webster/

Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]

WARNING

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For

more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are

using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that

closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay

“fees.”

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document

from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States


http://tsdr.uspto.gov/view.action?sn=86389877&type=OOA&date=20141219#tdrlink



http://www.uspto.gov/trademarks/basics/abandon.jsp


Subject: U.S. TRADEMARK APPLICATION NO. 86389859 - SOMEONE IN BOSTON LOVES ME!! - N/A

Sent: 12/19/2014 4:03:25 PM


Attachments:




MARK: SOMEONE IN BOSTON LOVES ME!!


BIGBOYMUSIC, INC


ESTERO, FL 33928-3262






N/A


[email protected]

OFFICE ACTION


















1988); TMEP §1202.03(a).











In this case, the submitted specimen shows the applied-for mark, SOMEONE IN BOSTON LOVES ME!!, located directly on front of the
































Thank you,

/Michael Webster/









Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]









response.














Subject: U.S. TRADEMARK APPLICATION NO. 86389859 - SOMEONE IN BOSTON LOVES ME!! - N/A

Sent: 12/19/2014 4:03:26 PM


Attachments:









on “Documents.”









/Michael Webster/

Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]

WARNING






“fees.”









Subject: U.S. TRADEMARK APPLICATION NO. 86389882 - SOMEONE IN FLORIDA LOVES ME!! - N/A

Sent: 12/19/2014 4:04:28 PM


Attachments:




MARK: SOMEONE IN FLORIDA LOVES ME!!


BIGBOYMUSIC, INC


ESTERO, FL 33928-3262






N/A


[email protected]

OFFICE ACTION


















1988); TMEP §1202.03(a).











In this case, the submitted specimen shows the applied-for mark, SOMEONE IN FLORIDA LOVES ME!!, located directly on front of the
































Thank you,

/Michael Webster/









Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]









response.














Subject: U.S. TRADEMARK APPLICATION NO. 86389882 - SOMEONE IN FLORIDA LOVES ME!! - N/A

Sent: 12/19/2014 4:04:29 PM


Attachments:









on “Documents.”









/Michael Webster/

Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]

WARNING






“fees.”









Subject: U.S. TRADEMARK APPLICATION NO. 86389891 - SOMEONE IN CALIFORNIA LOVES ME!! - N/A

Sent: 12/19/2014 4:03:02 PM


Attachments:




MARK: SOMEONE IN CALIFORNIA LOVES ME!!


BIGBOYMUSIC, INC


ESTERO, FL 33928-3262






N/A


[email protected]

OFFICE ACTION


















1988); TMEP §1202.03(a).











In this case, the submitted specimen shows the applied-for mark, SOMEONE IN CALIFORNIA LOVES ME!!, located directly on front of the
































Thank you,

/Michael Webster/









Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]









response.














Subject: U.S. TRADEMARK APPLICATION NO. 86389891 - SOMEONE IN CALIFORNIA LOVES ME!! - N/A

Sent: 12/19/2014 4:03:03 PM


Attachments:









on “Documents.”









/Michael Webster/

Michael Webster

Examining Attorney

Law Office 102

571-272-9266

[email protected]

WARNING






“fees.”








EXHIBIT D

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


Input Field Entered


LAW OFFICE ASSIGNED LAW OFFICE 102

MARK SECTION

MARK http://tsdr.uspto.gov/img/86389877/large

LITERAL ELEMENT SOMEONE IN NEW YORK LOVES ME!!



MARK STATEMENTThe mark consists of standard characters, without claim to any particular font style,

size or color.

GOODS AND/OR SERVICES SECTION (current)


DESCRIPTION

Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; T-

shirts; Tank tops; Underwear

FILING BASIS Section 1(a)



GOODS AND/OR SERVICES SECTION (proposed)


DESCRIPTION






STATEMENT TYPE

"The substitute (or new, or originally submitted, if appropriate) specimen(s)

was/were in use in commerce at least as early as the filing date of the

application"[for an application based on Section 1(a), Use in Commerce] OR "The

substitute (or new, or originally submitted, if appropriate) specimen(s)

was/were in use in commerce prior either to the filing of the Amendment to

Allege Use or expiration of the filing deadline for filing a Statement of Use" [for

an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is

a true copy of the specimen that was originally submitted with the application,

amendment to allege use, or statement of use" [for an illegible specimen].

SPECIMEN

FILE NAME(S)\\TICRS\EXPORT16\IMAGEOUT 16\863\898\86389877\xml4\ ROA0002.JPG

../ROA0002.JPG

SPECIMEN DESCRIPTIONphotographed picture of actual screen printed tag displaying the mark in relation to

the actual goods provided

SIGNATURE SECTION

DECLARATION SIGNATURE /Maarten Peters/



SIGNATORY'S PHONE NUMBER 239 287 2517


RESPONSE SIGNATURE /Maarten Peters/





AUTHORIZED SIGNATORY YES

FILING INFORMATION SECTION

SUBMIT DATE Mon Jun 08 13:12:31 EDT 2015

TEAS STAMP

USPTO/ROA-XX.XXX.XX.XXX-2

0150608131231316358-86389

877-530dc797978acc693f6da

66065791ae3b4581d6c737d40

a4d2d91a22cec7309d-N/A-N/

A-20150605142026329254

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Application serial no. 86389877 SOMEONE IN NEW YORK LOVES ME!!(Standard Characters, see http://tsdr.uspto.gov/img/86389877/large)

has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:

Current: Class 025 for Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;


Original Filing Basis:

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 00/00/2007 and first used in commerce at least as early as 00/00/2007 , and is now in use in such commerce.

Proposed: Class 025 for Baby bodysuits; Hats; Hooded sweat shirts; Jackets; Pants; Rompers; Short-sleeved or long-sleeved t-shirts; Shorts;





Applicant hereby submits one(or more) specimen(s) for Class 025 . The specimen(s) submitted consists of photographed picture of actual screen

printed tag displaying the mark in relation to the actual goods provided .

"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing

date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if

appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the

filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true

copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible

specimen]. Specimen File1

SIGNATURE(S)


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. Section 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 amendment to allege use (AAU) unsigned, all

statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application

or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section

1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service

mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the

mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and

such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the

mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU;

and to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or

mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.

Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in

commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the

applicant's related company or licensee 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, no other person has 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 person, to cause confusion or mistake, or to

deceive.




Signatory's Phone Number: 239 287 2517

Response Signature





The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either

(1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent

previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has

granted the request of his/her prior representative to withdraw.


Internet Transmission Date: Mon Jun 08 13:12:31 EDT 2015

TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015060813123131

6358-86389877-530dc797978acc693f6da66065

791ae3b4581d6c737d40a4d2d91a22cec7309d-N

/A-N/A-20150605142026329254

../ROA0002.JPG

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Input Field Entered



MARK SECTION


LITERAL ELEMENT SOMEONE IN BOSTON LOVES ME!!




size or color.



DESCRIPTION








DESCRIPTION






STATEMENT TYPE










SPECIMEN


../ROA0002.JPG



SIGNATURE SECTION














TEAS STAMP


0150608131239052078-86389

859-530c22187ba682823c25e

dec53a60ddc6ecb9116e2cbbc

86e98fefa7123aaa1-N/A-N/A

-20150605142337841173

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Application serial no. 86389859 SOMEONE IN BOSTON LOVES ME!!(Standard Characters, see http://tsdr.uspto.gov/img/86389859/large) has

been amended as follows:






















SIGNATURE(S)






















deceive.





Response Signature












2078-86389859-530c22187ba682823c25edec53

a60ddc6ecb9116e2cbbc86e98fefa7123aaa1-N/

A-N/A-20150605142337841173

../ROA0002.JPG

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Input Field Entered



MARK SECTION


LITERAL ELEMENT SOMEONE IN FLORIDA LOVES ME!!




size or color.



DESCRIPTION








DESCRIPTION






STATEMENT TYPE










SPECIMEN


../ROA0002.JPG



SIGNATURE SECTION














TEAS STAMP


0150608131210981478-86389

882-53016c07a7c5347aee9a5

84e2d4c5f0ff6def19512de26

8c4cb5c481f66d81689bd-N/A

-N/A-20150605141648093516

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Application serial no. 86389882 SOMEONE IN FLORIDA LOVES ME!!(Standard Characters, see http://tsdr.uspto.gov/img/86389882/large)

has been amended as follows:






















SIGNATURE(S)






















deceive.





Response Signature












1478-86389882-53016c07a7c5347aee9a584e2d

4c5f0ff6def19512de268c4cb5c481f66d81689b

d-N/A-N/A-20150605141648093516

../ROA0002.JPG

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Input Field Entered



MARK SECTION


LITERAL ELEMENT SOMEONE IN CALIFORNIA LOVES ME!!




size or color.



DESCRIPTION








DESCRIPTION






STATEMENT TYPE










SPECIMEN


../ROA0002.JPG



SIGNATURE SECTION














TEAS STAMP


0150608131153414128-86389

891-530485968123643f14719

8b8d8e672154d4cf930cb6b3f

506b9356f6b8f23c7b-N/A-N/

A-20150605140913043866

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)



Application serial no. 86389891 SOMEONE IN CALIFORNIA LOVES ME!!(Standard Characters, see

http://tsdr.uspto.gov/img/86389891/large) has been amended as follows:






















SIGNATURE(S)






















deceive.





Response Signature












4128-86389891-530485968123643f147198b8d8

e672154d4cf930cb6b3f506b9356f6b8f23c7b-N

/A-N/A-20150605140913043866

../ROA0002.JPG

EXHIBIT E

EXHIBIT F

Petition for Cancellation · 15. Beginning May 2013, Petitioner advertised and/or sold these...

Documents

Transcript of Petition for Cancellation · 15. Beginning May 2013, Petitioner advertised and/or sold these...