NOTICE OF ABANDONMENT MAILING DATE: Nov 3, 2011

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1 Side - 1 NOTICE OF ABANDONMENT MAILING DATE: Nov 3, 2011 The trademark application identified below was abandoned in full because a response to the Office Action mailed on Mar 17, 2011 was not received within the 6-month response period. If the delay in filing a response was unintentional, you may file a petition to revive the application with a fee. If the abandonment of this application was due to USPTO error, you may file a request for reinstatement. Please note that a petition to revive or request for reinstatement must be received within two months from the mailing date of this notice. For additional information, go to If you are unable to get the information you need from the website, call the Trademark Assistance Center at SERIAL NUMBER: MARK: SAN FRANSICCO OWNER: Piveronas, Chris Side - 2 UNITED STATES PATENT AND TRADEMARK OFFICE COMMISSIONER FOR TRADEMARKS P.O. BOX 1451 ALEXANDRIA, VA FIRST-CLASS MAIL U.S POSTAGE PAID PIVERONAS, CHRIS 1488 HARRISON ST. #101 SAN FRANCISCO, CA

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3 To: Piveronas, Chris Subject: U.S. TRADEMARK APPLICATION NO SAN FRANSICCO - N/A Sent: Sent As: Attachments: 3/17/ :56:57 AM ECOM109@USPTO.GOV UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT S TRADEMARK APPLICATION APPLICATION SERIAL NO MARK: SAN FRANSICCO CORRESPONDENT ADDRESS: PIVERONAS, CHRIS 1488 HARRISON ST. #101 SAN FRANCISCO, CA * * CLICK HERE TO RESPOND TO THIS LETTER: APPLICANT: Piveronas, Chris CORRESPONDENT S REFERENCE/DOCKET NO: N/A CORRESPONDENT ADDRESS: cpiveronas@yahoo.com 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: 3/17/2011 THIS IS A FINAL ACTION. On August 21, 2009, action on this application was suspended pending the disposition of Application Serial No The referenced pending application has abandoned and is no longer a bar to the registration of applicant s mark. Action on this application is now resumed. Refusal to Register

4 Registration was refused because the applied-for mark, as used on the specimen of record, is merely a decorative or ornamental feature of applicant s clothing; it does not function as a trademark to identify the source of applicant s clothing and distinguish applicant s clothing from that of others. Trademark Act Sections 1, 2, and 45, 15 U.S.C , 1127; see TMEP (b), et seq. The applicant s response to the first Office action, received July 28, 2009, contained a purported substitute specimen. However, the mark appears to be ornamental on that specimen as well. Accordingly, the refusal is maintained and made FINAL. 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 to be considered in determining whether it also functions as a trademark. E.g., In re Pro-Line Corp., 28 USPQ2d 1141, 1142 (TTAB 1993); In re Dimitri s Inc., 9 USPQ2d 1666, 1667 (TTAB 1988); In re Astro-Gods Inc., 223 USPQ 621, 623 (TTAB 1984); see TMEP (a). Although there is no prescribed method or place for affixation of a mark to goods, the location of a mark on the goods is part of the environment in which the [mark] is perceived by the public and... may influence how the [mark] is perceived. In re Tilcon Warren Inc., 221 USPQ 86, 88 (TTAB 1984); see In re Paramount Pictures Corp., 213 USPQ 1111, 1115 (TTAB 1982). With respect to clothing, consumers have been conditioned to recognize small designs or discrete wording as trademarks if placed, for example, on the pocket or breast area of a shirt; however, consumers typically do not perceive larger designs or slogans as trademarks, especially when such matter is displayed in a different location on the clothing. See TMEP (a), (b), (f)(i), (f)(ii); see, e.g., In re Pro-Line Corp., 28 USPQ2d at 1142 (finding 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 is not likely to be perceived as source indicator); In re Dimitri s Inc., 9 USPQ2d at (finding 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 does not function as a trademark). In this case, the submitted specimen shows the applied-for mark, San FranSicCo, appearing directly on the upper-center area of the front of the shirt, where ornamental elements usually appear on such goods. See TMEP (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 with no particular trademark significance. Therefore, consumers would view the applied-for mark as a decorative or ornamental feature of the goods, rather than as a trademark to identify the source of applicant s goods and distinguish applicant s goods from those of others. Applicant may respond to the stated ornamental refusal by satisfying one of the following, as appropriate: (1) Claiming acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive of applicant s goods in commerce. Trademark Act Section 2(f), 15 U.S.C. 1052(f). Evidence may consist of examples of advertising and promotional materials that specifically promote, as a trademark, the mark for which registration is sought; dollar figures for advertising devoted to such promotion; dealer and consumer statements of recognition of the applied-for mark as a trademark; and any other evidence that establishes recognition of the applied-for mark as a trademark for the goods. See 37 C.F.R. 2.41(a); TMEP (d), et seq.;

5 (2) Submitting evidence that the applied-for mark is an indicator of secondary source or sponsorship for the identified goods. Univ. Book Store v. Univ. of Wis. Bd. of Regents, 33 USPQ2d 1385, 1405 (TTAB 1994); In re Olin Corp., 181 USPQ 182, 182 (TTAB 1973). That is, applicant may submit evidence showing that the applied-for mark would be recognized as a trademark through applicant s use of the mark with goods and/or services other than those being refused as ornamental. In re The Original Red Plate Co., 223 USPQ 836, 837 (TTAB 1984). Applicant must establish that, as a result of this use in connection with other goods and/or services, the public would recognize applicant as the secondary source of, or sponsor for, the identified goods. See TMEP (c).; (3) Amending the application to seek registration on the Supplemental Register. Trademark Act Section 23, 15 U.S.C. 1091; see 37 C.F.R. 2.47, 2.75(a); TMEP (b), 816.; or (4) Submitting a substitute specimen that shows non-ornamental trademark use, and the following statement, verified with an affidavit or signed declaration under 37 C.F.R. 2.20: The substitute specimen was in use in commerce at least as early as the filing date of the application. 37 C.F.R. 2.59(a); TMEP ; see 37 C.F.R (e)(1). If submitting a substitute specimen requires amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. 2.71(c); TMEP To submit a verified substitute specimen online via the Trademark Electronic Application System (TEAS), applicant should do the following: (1) answer yes to the TEAS response form wizard question to submit a new or substitute specimen; (2) attach a jpg or pdf file of the substitute specimen; (3) select the statement that The substitute specimen(s) was in use in commerce at least as early as the filing date of the application. ; and (4) sign personally or enter personally his/her electronic signature and date after the declaration at the end of the TEAS response form. See 37 C.F.R. 2.59(a), 2.193(a), (c)-(d), (e)(1); TMEP (c), (b). Please note that these steps appear on different pages of the TEAS response form. If applicant experiences difficulty in submitting the required substitute specimen, supporting statement and/or declaration, please TEAS@uspto.gov for technical assistance regarding the TEAS response form. If applicant cannot satisfy one of the above, applicant may amend the application from a use in commerce basis under Trademark Act Section 1(a) to an intent to use basis under Section 1(b), and the refusal will be withdrawn. See TMEP (c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. 1051(c), (d); 37 C.F.R. 2.76, 2.88; TMEP If the same specimen is submitted with an allegation of use, the same refusal will issue. To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. 2.20: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application. 37 C.F.R. 2.34(a)(2); TMEP (b); see 15 U.S.C. 1051(b); 37 C.F.R. 2.35(b)(1), 2.193(e)(1). The following is a properly worded declaration under 37 C.F.R This declaration must be

6 personally signed and dated by a person authorized under 37 C.F.R (e)(1). TMEP (b). Final Action The undersigned 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 document 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. (Signature) (Print or Type Name and Position) (Date) The refusal to register the proposed mark under Trademark Act Sections 1, 2 and 45, because it is ornamental, is maintained and made FINAL. If applicant does not respond within six months of the date of issuance of this final Office action, the application will be abandoned. 15 U.S.C. 1062(b); 37 C.F.R. 2.65(a). Applicant may respond to this final Office action by: (1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or (2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class. 37 C.F.R. 2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. 2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. 2.64(a); TMEP ; see 37 C.F.R (b); TBMP ; TMEP 1704 (explaining petitionable matters). The petition fee is $ C.F.R. 2.6(a)(15). TEAS Plus Advisory TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: Applicants who filed their application online using the reduced-fee TEAS Plus application must continue to submit certain documents online using TEAS, including responses to Office actions. See 37 C.F.R. 2.23(a)(1). For a complete list of these documents, see TMEP (b). In addition, such applicants must accept correspondence from the Office via throughout the examination process and must maintain a valid address. 37 C.F.R. 2.23(a)(2); TMEP 819, (a). TEAS Plus applicants who do not meet these 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 In appropriate situations and where all issues can be resolved by amendment, responding by telephone to authorize an examiner s amendment will not incur this additional fee.

7 /James A. Rauen/ Trademark Examining Attorney Law Office TO RESPOND TO THIS LETTER: Go to Please wait hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by ; the USPTO does not accept ed responses. 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 Trademark Applications and Registrations Retrieval (TARR) at Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call For more information on checking status, see TO UPDATE CORRESPONDENCE/ ADDRESS: Use the TEAS form at

8 To: Piveronas, Chris Subject: U.S. TRADEMARK APPLICATION NO SAN FRANSICCO - N/A Sent: Sent As: Attachments: 3/17/ :56:59 AM ECOM109@USPTO.GOV IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION Your trademark application (Serial No ) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office ( USPTO ) has written a letter (an Office Action ) on 3/17/2011 to which you must respond. Please follow these steps: 1. Read the Office letter by clicking on this link OR go to and enter your serial number to access the Office letter. PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this notification. 2. Respond within 6 months, calculated from 3/17/2011 (or sooner if specified in the Office letter), using the Trademark Electronic Application System Response to Office Action form. If you have difficulty using the USPTO website, contact TDR@uspto.gov. 3. Contact the examining attorney who reviewed your application with any questions about the content of the office letter: /James A. Rauen/ Trademark Examining Attorney Law Office WARNING Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application. Do NOT hit Reply to this notification, or otherwise attempt to your response, as the USPTO does NOT accept ed responses. Instead, please use the Trademark Electronic Application System Response to Office Action form.

9 To: Piveronas, Chris Subject: U.S. TRADEMARK APPLICATION NO SAN FRANSICCO - N/A Sent: Sent As: Attachments: 8/21/2009 6:07:54 PM ECOM109@USPTO.GOV UNITED STATES PATENT AND TRADEMARK OFFICE SERIAL NO: 77/ MARK: SAN FRANSICCO CORRESPONDENT ADDRESS: PIVERONAS, CHRIS 1488 HARRISON ST. #101 SAN FRANCISCO, CA * * GENERAL TRADEMARK INFORMATION: APPLICANT: Piveronas, Chris CORRESPONDENT S REFERENCE/DOCKET NO: N/A CORRESPONDENT ADDRESS: cpiveronas@yahoo.com ISSUE/MAILING DATE: 8/21/2009 NOTICE OF SUSPENSION SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. However, if you wish to respond to this notice, you should use the Response to Letter of Suspension form found at The Office will conduct periodic status checks to determine if suspension remains appropriate. Action on this application is suspended pending the disposition of: - Application Serial No(s) Since applicant's effective filing date is subsequent to the effective filing date of the above-identified

10 application(s), the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. 1052(d). See 37 C.F.R. 2.83; TMEP 1208 et seq. A copy of information relevant to this pending application(s) was sent previously. Applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension. TMEP Applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue. If a refusal does issue, applicant will be afforded 6 months from the mailing or ing date of the Office action to submit a response. 15 U.S.C. 1062(b); 37 C.F.R The ornamentation refusal is continued and maintained. /James A. Rauen/ Trademark Examining Attorney Law Office STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

11 To: Piveronas, Chris Subject: U.S. TRADEMARK APPLICATION NO SAN FRANSICCO - N/A Sent: Sent As: Attachments: 8/21/2009 6:07:55 PM ECOM109@USPTO.GOV IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION Your trademark application (Serial No ) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office ( USPTO ) has written a letter (an Office action ) on 8/21/2009 to which you must respond (unless the Office letter specifically states that no response is required). Please follow these steps: 1. Read the Office letter by clicking on this link OR go to and enter your serial number to access the Office letter. If you have difficulty accessing the Office letter, contact TDR@uspto.gov. PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this notification. 2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof). 3. Respond within 6 months, calculated from 8/21/2009 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. ALERT: Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application. Do NOT hit Reply to this notification, or otherwise attempt to your response, as the USPTO does NOT accept ed responses.

12 Trademark Snap Shot Amendment & Mail Processing Stylesheet (Table presents the data on Amendment & Mail Processing Complete) OVERVIEW SERIAL NUMBER FILING DATE 10/27/2008 REG NUMBER REG DATE N/A REGISTER PRINCIPAL MARK TYPE TRADEMARK INTL REG # N/A INTL REG DATE N/A TM ATTORNEY RAUEN, JAMES A L.O. ASSIGNED 109 RUN DATE 08/17/2009 PUB INFORMATION PUB DATE STATUS N/A 661-RESPONSE AFTER NON-FINAL-ACTION-ENTERED STATUS DATE 08/14/2009 LITERAL MARK ELEMENT SAN FRANSICCO DATE ABANDONED N/A DATE CANCELLED N/A SECTION 2F NO SECTION 2F IN PART NO SECTION 8 NO SECTION 8 IN PART NO SECTION 15 NO REPUB 12C N/A RENEWAL FILED NO RENEWAL DATE N/A DATE AMEND REG N/A FILING BASIS FILED BASIS CURRENT BASIS AMENDED BASIS 1 (a) YES 1 (a) YES 1 (a) NO 1 (b) NO 1 (b) NO 1 (b) NO 44D NO 44D NO 44D NO 44E NO 44E NO 44E NO 66A NO 66A NO NO BASIS NO NO BASIS NO MARK DATA STANDARD CHARACTER MARK LITERAL MARK ELEMENT YES SAN FRANSICCO

13 MARK DRAWING CODE COLOR DRAWING FLAG 4-STANDARD CHARACTER MARK NO CURRENT OWNER INFORMATION PARTY TYPE NAME 10-ORIGINAL APPLICANT Piveronas, Chris ADDRESS 1488 Harrison St. #101 San Francisco, CA ENTITY CITIZENSHIP DBA/AKA 01-INDIVIDUAL United States of America DBA San FranSicCo GOODS AND SERVICES INTERNATIONAL CLASS 025 DESCRIPTION TEXT Bandanas; Bathing suits; Beachwear; Beanies; Belts; Belts made of leather; Belts of textile; Briefs; Caps; Cargo pants; Denims; Footwear for men and women; Gloves; Hats; Hooded sweat shirts; Jackets; Ladies' underwear; Leather belts; Long underwear; Long-sleeved shirts; Motorcycle gloves; Pants; Rash guards; Riding gloves; Sandals; Shoes; Short-sleeved or long-sleeved t-shirts; Ski and snowboard shoes and parts thereof; Ski gloves; Ski wear; Snow boots; Snow pants; Snowboard gloves; Socks; Sun visors; Surf wear; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming trunks; T-shirts; Tank tops; Thermal underwear; Thongs; Thongs; Ties; Tops; Trunks; Underwear; Wearable garments and clothing, namely, shirts; Wet suits GOODS AND SERVICES CLASSIFICATION INTERNATIONAL CLASS 025 FIRST USE DATE 01/01/2008 FIRST USE IN COMMERCE DATE 10/01/2008 CLASS STATUS 6-ACTIVE MISCELLANEOUS INFORMATION/STATEMENTS CHANGE IN REGISTRATION PSEUDO MARK NO SAN FRANCISCO PROSECUTION HISTORY DATE ENT CD ENT TYPE DESCRIPTION ENT NUM 08/14/2009 TEME I TEAS/ CORRESPONDENCE ENTERED /14/2009 CRFA I CORRESPONDENCE RECEIVED IN LAW OFFICE /14/2009 ALIE A ASSIGNED TO LIE 008

14 07/28/2009 TROA I TEAS RESPONSE TO OFFICE ACTION RECEIVED /29/2009 GNRN O NOTIFICATION OF NON-FINAL ACTION ED /29/2009 GNRT F NON-FINAL ACTION ED /29/2009 CNRT R NON-FINAL ACTION WRITTEN /28/2009 DOCK D ASSIGNED TO EXAMINER /01/2008 MPMK O NOTICE OF PSEUDO MARK MAILED /31/2008 NWAP I NEW APPLICATION ENTERED IN TRAM 001 CURRENT CORRESPONDENCE INFORMATION ATTORNEY CORRESPONDENCE ADDRESS DOMESTIC REPRESENTATIVE NONE PIVERONAS, CHRIS 1488 HARRISON ST. #101 SAN FRANCISCO, CA NONE

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16 PTO Form 1957 (Rev 9/2005) OMB No (Exp. 04/30/2011) Response to Office Action The table below presents the data as entered. Input Field Entered SERIAL NUMBER LAW OFFICE ASSIGNED LAW OFFICE 109 MARK SECTION (no change) GOODS AND/OR SERVICES SECTION (current) INTERNATIONAL CLASS 025 DESCRIPTION Bandanas; Bathing suits; Beachwear; Beanies; Belts; Belts made of leather; Belts of textile; Briefs; Caps; Cargo pants; Denims; Footwear for men and women; Gloves; Hats; Hooded sweat shirts; Jackets; Ladies' underwear; Leather belts; Long underwear; Long-sleeved shirts; Motorcycle gloves; Pants; Rash guards; Riding gloves; Sandals; Shoes; Short-sleeved or long-sleeved t-shirts; Ski and snowboard shoes and parts thereof; Ski gloves; Ski wear; Snow boots; Snow pants; Snowboard gloves; Socks; Sun visors; Surf wear; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming trunks; T-shirts; Tank tops; Thermal underwear; Thongs; Thongs; Ties; Tops; Trunks; Underwear; Wearable garments and clothing, namely, shirts; Wet suits FILING BASIS Section 1(a) GOODS AND/OR SERVICES SECTION (proposed) INTERNATIONAL CLASS 025 DESCRIPTION Bandanas; Bathing suits; Beachwear; Beanies; Belts; Belts made of leather; Belts of textile; Briefs; Caps; Cargo pants; Denims; Footwear for men and women; Gloves; Hats; Hooded sweat shirts; Jackets; Ladies' underwear; Leather belts; Long underwear; Long-sleeved shirts; Motorcycle gloves; Pants; Rash guards; Riding gloves; Sandals; Shoes; Short-sleeved or long-sleeved t-shirts; Ski and snowboard shoes and parts thereof; Ski gloves; Ski wear; Snow boots; Snow pants; Snowboard gloves; Socks; Sun visors; Surf wear; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming trunks; T-shirts; Tank tops; Thermal underwear; Thongs; Thongs; Ties; Tops; Trunks; Underwear; Wearable garments and clothing, namely, shirts; Wet suits FILING BASIS Section 1(a)

17 STATEMENT TYPE For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application." \\TICRS\EXPORT7\IMAGEOUT7 \776\016\ \xml1\RO A0002.JPG SIGNATURE SECTION DECLARATION SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION /Chris Piveronas/ Chris Piveronas Owner DATE SIGNED 07/28/2009 RESPONSE SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION /Chris Piveronas/ Chris Piveronas Owner DATE SIGNED 07/28/2009 AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION SUBMIT DATE Tue Jul 28 21:17:42 EDT 2009 TEAS STAMP USPTO/ROA b85f9e5a1c d47c N/A-N/A PTO Form 1957 (Rev 9/2005) OMB No (Exp. 04/30/2011) Response to Office Action To the Commissioner for Trademarks: Application serial no 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 Bandanas; Bathing suits; Beachwear; Beanies; Belts; Belts made of leather; Belts

18 of textile; Briefs; Caps; Cargo pants; Denims; Footwear for men and women; Gloves; Hats; Hooded sweat shirts; Jackets; Ladies' underwear; Leather belts; Long underwear; Long-sleeved shirts; Motorcycle gloves; Pants; Rash guards; Riding gloves; Sandals; Shoes; Short-sleeved or long-sleeved t-shirts; Ski and snowboard shoes and parts thereof; Ski gloves; Ski wear; Snow boots; Snow pants; Snowboard gloves; Socks; Sun visors; Surf wear; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming trunks; T-shirts; Tank tops; Thermal underwear; Thongs; Thongs; Ties; Tops; Trunks; Underwear; Wearable garments and clothing, namely, shirts; Wet suits 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 01/01/2008 and first used in commerce at least as early as 10/01/2008, and is now in use in such commerce. Proposed: Class 025 for Bandanas; Bathing suits; Beachwear; Beanies; Belts; Belts made of leather; Belts of textile; Briefs; Caps; Cargo pants; Denims; Footwear for men and women; Gloves; Hats; Hooded sweat shirts; Jackets; Ladies' underwear; Leather belts; Long underwear; Long-sleeved shirts; Motorcycle gloves; Pants; Rash guards; Riding gloves; Sandals; Shoes; Short-sleeved or long-sleeved t-shirts; Ski and snowboard shoes and parts thereof; Ski gloves; Ski wear; Snow boots; Snow pants; Snowboard gloves; Socks; Sun visors; Surf wear; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming trunks; T-shirts; Tank tops; Thermal underwear; Thongs; Thongs; Ties; Tops; Trunks; Underwear; Wearable garments and clothing, namely, shirts; Wet suits 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 01/01/2008 and first used in commerce at least as early as 10/01/2008, and is now in use in such commerce. Applicant hereby submits a new specimen for Class 025. For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application." Specimen File1 SIGNATURE(S) Declaration Signature If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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 identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the

19 mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. Signature: /Chris Piveronas/ Date: 07/28/2009 Signatory's Name: Chris Piveronas Signatory's Position: Owner Response Signature Signature: /Chris Piveronas/ Date: 07/28/2009 Signatory's Name: Chris Piveronas Signatory's Position: Owner 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. Serial Number: Internet Transmission Date: Tue Jul 28 21:17:42 EDT 2009 TEAS Stamp: USPTO/ROA b85f9e5a1c d47c N/A-N/A

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22 To: Subject: Sent: Sent As: Piveronas, Chris TRADEMARK APPLICATION NO SAN FRANSICCO - N/A 1/29/ :28:21 AM ECOM109@USPTO.GOV Attachments: Attachment - 1 Attachment - 2 UNITED STATES PATENT AND TRADEMARK OFFICE SERIAL NO: 77/ MARK: SAN FRANSICCO CORRESPONDENT ADDRESS: PIVERONAS, CHRIS 1488 HARRISON ST APT 101 SAN FRANCISCO, CA * * RESPOND TO THIS ACTION: GENERAL TRADEMARK INFORMATION: APPLICANT: Piveronas, Chris CORRESPONDENT S REFERENCE/DOCKET NO: N/A CORRESPONDENT ADDRESS: cpiveronas@yahoo.com OFFICE ACTION TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE. ISSUE/MAILING DATE: 1/29/2009 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, 2.65(a); TMEP 711, Search Results The Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. 1052(d). TMEP However, please be

23 advised that a potentially conflicting mark in a prior-filed pending application may present a bar to registration. Information regarding pending Application Serial No is enclosed. The filing date of the referenced application precedes applicant s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. 1052(d). If the referenced application registers, registration may be refused in this case under Section 2(d). 37 C.F.R. 2.83; TMEP 1208 et seq. Therefore, upon entry of a response to this Office action, action on this case may be suspended pending final disposition of the earlier-filed application. If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant s right to address this issue at a later point. Refusal to Register Ornamentation Registration is refused because the applied-for mark, as used on the specimen of record, is merely a decorative or ornamental feature of the goods; it does not function as a trademark to identify and distinguish applicant s goods from those of others and to indicate the source of applicant s goods. Trademark Act Sections 1, 2 and 45, 15 U.S.C , 1127; see TMEP (b), et seq.; see, e.g., In re Pro-Line Corp., 28 USPQ2d 1141 (TTAB 1993) (holding the wording BLACKER THE COLLEGE SWEETER THE KNOWLEDGE to be a primarily ornamental slogan that is not likely to be perceived as source indicator for t-shirts); In re Villeroy & Boch S.A.R.L., 5 USPQ2d 1451 (TTAB 1987) (holding floral pattern design of morning glories and leaves for tableware nondistinctive and merely a decorative pattern with no trademark significance); cf. In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 227 USPQ 417 (Fed. Cir. 1985). The applied-for mark, as shown on the specimen, is merely ornamental because it is of such large size and such conspicuous location that it serves to decorate the shirt rather than to serve as a source identifier, as a trademark must do. Applicant may respond to the stated ornamental refusal by satisfying one of the following, as appropriate: (1) Claiming acquired distinctiveness under Trademark Act Section 2(f) by submitting evidence that the applied-for mark has become distinctive of applicant s goods in commerce. Trademark Act Section 2(f), 15 U.S.C. 1052(f). Evidence may consist of examples of advertising and promotional materials that specifically promote, as a trademark, the mark for which registration is sought; dollar figures for advertising devoted to such promotion; dealer and consumer statements of recognition of the applied-for mark as a trademark; and any other evidence that establishes recognition of the applied-for mark as a trademark for the goods. See 37 C.F.R. 2.41(a); TMEP (d), et seq.; (2) Submitting evidence that the applied-for mark is an indicator of secondary source or sponsorship for the identified goods. Univ. Book Store v. Univ. of Wis. Bd. of Regents, 33 USPQ2d 1385, 1405 (TTAB 1994); In re Olin Corp., 181 USPQ 182, 182 (TTAB 1982). That is, applicant may submit evidence showing that the applied-for mark would be recognized as a trademark through applicant s use of the mark with goods and/or services other than those identified in the application. In re The Original Red Plate Co., 223 USPQ

24 836, 837 (TTAB 1984). Applicant must establish that, as a result of this use in connection with other goods and/or services, the public would recognize applicant as the secondary source of, or sponsor for, the identified goods. See TMEP (c).; (3) Amending the application to seek registration on the Supplemental Register. Trademark Act Section 23, 15 U.S.C. 1091; see 37 C.F.R. 2.47, 2.75(a); TMEP (b), 816.; or (4) Submitting a substitute specimen that shows non-ornamental trademark use, and the following statement, verified with an affidavit or signed declaration under 37 C.F.R. 2.20, 2.33: The substitute specimen was in use in commerce at least as early as the application filing date. 37 C.F.R. 2.59(a); TMEP If submitting a substitute specimen requires amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. 2.71(c); TMEP If applicant cannot satisfy one of the above, applicant may amend the application from a use in commerce basis under Trademark Act Section 1(a) to an intent to use basis under Section 1(b), and the refusal will be withdrawn. See TMEP (c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. 1051(c), (d); 37 C.F.R. 2.76, 2.88; TMEP If the same specimen is submitted with an allegation of use, the same refusal will issue. To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or a signed declaration under 37 C.F.R. 2.20, 2.33: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application. 37 C.F.R. 2.34(a)(2); TMEP (b); see 15 U.S.C. 1051(b); 37 C.F.R. 2.35(b)(1). Declaration The following is a properly worded declaration under 37 C.F.R Applicant should add this declaration to the end of its response, properly signed and dated by a person authorized under 37 C.F.R. 2.33(a). TMEP (b). The undersigned 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 document 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. (Signature) (Print or Type Name and Position) (Date)

25 TEAS Plus Advisory TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at (1) written responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a 1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. 2.6(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee. NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via throughout the examination process in order to avoid the additional fee. 37 C.F.R. 2.23(a)(2). /James A. Rauen/ Trademark Examining Attorney Law Office RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at waiting hours if applicant received notification of the Office action via . For technical assistance with the form, please TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by ; the USPTO does not accept ed responses. If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

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28 To: Subject: Sent: Sent As: Attachments: Piveronas, Chris TRADEMARK APPLICATION NO SAN FRANSICCO - N/A 1/29/ :28:23 AM ECOM109@USPTO.GOV IMPORTANT NOTICE USPTO OFFICE ACTION HAS ISSUED ON 1/29/2009 FOR APPLICATION SERIAL NO Please follow the instructions below to continue the prosecution of your application: VIEW OFFICE ACTION: Click on this link (or copy and paste this URL into the address field of your browser), or visit and enter the application serial number to access the Office action. PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification. RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 1/29/2009. Do NOT hit Reply to this notification, or otherwise attempt to your response, as the USPTO does NOT accept ed responses. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at HELP: For technical assistance in accessing the Office action, please TDR@uspto.gov. Please contact the assigned examining attorney with questions about the Office action. WARNING 1. The USPTO will NOT send a separate with the Office action attached. 2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.

29 *** User:jrauen *** # Total Dead Live Live Status/ Search Marks Marks Viewed Viewed Search Docs Images Duration : N/A 0 0 0:02 *san*[bi,ti] N/A 0 0 0:01 *fran*[bi,ti] N/A 0 0 0:01 *sic*[bi,ti] or *sik*[bi,ti] or *siq*[bi,ti] N/A 0 0 0:01 2 and (3 4) N/A 0 0 0:03 5 not dead[ld] :02 6 and "025"[cc] N/A 0 0 0:01 3 and :03 8 not dead[ld] Session started 1/28/ :43:32 AM Session finished 1/28/ :05:48 AM Total search duration 0 minutes 15 seconds Session duration 22 minutes 16 seconds Defaut NEAR limit=1adj limit=1 Sent to TICRS as Serial Number:

30 From: Sent: To: TMDesignCodeComments Saturday, November 1, :15 AM Subject: Notice of Pseudo Mark for Serial Number: ATTORNEY REFERENCE NUMBER: The USPTO may assign pseudo marks, as appropriate, to new applications to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate. A PSEUDO MARK may be assigned to marks that include words, numbers, compound words, symbols, or acronyms that can have alternative spellings or meanings. For example, if the mark comprises the words 'YOU ARE' surrounded by a design of a box, the pseudo mark field in the USPTO database would display the mark as 'YOU ARE SQUARE'. A mark filed as 'URGR8' would receive a pseudo mark of 'YOU ARE GREAT'. Response to this notice is not required; however, to suggest additions or changes to the pseudo mark assigned to your mark, please TMDesignCodeComments@USPTO.GOV. You must reference your application serial number within your request. The USPTO will review the proposal and update the record, if appropriate. For questions, please call to speak to a Customer Service representative. The USPTO will not send any further response to your . Check TESS in approximately two weeks to see if the requested changes have been entered. Requests deemed unnecessary or inappropriate will not be entered. Pseudo marks assigned to the referenced serial number are listed below. PSEUDO MARK: SAN FRANCISCO

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33 PTO Form 1478 (Rev 9/2006) OMB No (Exp 12/31/2008) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: Filing Date: 10/27/2008 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 *STANDARD CHARACTERS USPTO-GENERATED IMAGE LITERAL ELEMENT *MARK STATEMENT REGISTER San FranSicCo YES YES San FranSicCo The mark consists of standard characters, without claim to any particular font, style, size, or color. Principal APPLICANT INFORMATION *OWNER OF MARK DBA/AKA/TA/FORMERLY Piveronas, Chris DBA San FranSicCo *STREET 1488 Harrison St. #101 *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only) ADDRESS San Francisco California United States cpiveronas@yahoo.com

34 AUTHORIZED TO COMMUNICATE VIA Yes LEGAL ENTITY INFORMATION *TYPE INDIVIDUAL * COUNTRY OF CITIZENSHIP United States GOODS AND/OR SERVICES AND BASIS INFORMATION *INTERNATIONAL CLASS 025 Bandanas DESCRIPTION Bathing suits DESCRIPTION Beachwear DESCRIPTION Beanies

35 DESCRIPTION Belts DESCRIPTION Belts made of leather DESCRIPTION Belts of textile DESCRIPTION Briefs

36 DESCRIPTION Caps DESCRIPTION Cargo pants DESCRIPTION Denims DESCRIPTION Footwear for men and women DESCRIPTION Gloves

37 DESCRIPTION Hats DESCRIPTION Hooded sweat shirts DESCRIPTION Jackets DESCRIPTION Ladies' underwear DESCRIPTION

38 Leather belts DESCRIPTION Long underwear DESCRIPTION Long-sleeved shirts DESCRIPTION Motorcycle gloves DESCRIPTION Pants

39 DESCRIPTION Rash guards DESCRIPTION Riding gloves DESCRIPTION Sandals DESCRIPTION Shoes DESCRIPTION Short-sleeved or long-sleeved t-shirts

40 DESCRIPTION Ski and snowboard shoes and parts thereof DESCRIPTION Ski gloves DESCRIPTION Ski wear DESCRIPTION Snow boots

41 DESCRIPTION Snow pants DESCRIPTION Snowboard gloves DESCRIPTION Socks DESCRIPTION Sun visors DESCRIPTION Surf wear

42 DESCRIPTION Swim trunks DESCRIPTION Swim wear DESCRIPTION Swim wear for gentlemen and ladies DESCRIPTION Swimming trunks

43 DESCRIPTION T-shirts DESCRIPTION Tank tops DESCRIPTION Thermal underwear DESCRIPTION Thongs DESCRIPTION Thongs

44 DESCRIPTION Ties DESCRIPTION Tops DESCRIPTION Trunks DESCRIPTION Underwear DESCRIPTION

45 Wearable garments and clothing, namely, shirts DESCRIPTION Wet suits DESCRIPTION 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 Piveronas, Chris *STREET 1488 Harrison St. #101 *CITY *STATE (Required for U.S. applicants) *COUNTRY San Francisco California United States *ZIP/POSTAL CODE * ADDRESS

46 *AUTHORIZED TO COMMUNICATE VIA Yes FEE INFORMATION NUMBER OF CLASSES 1 FEE PER CLASS 275 *TOTAL FEE PAID 275 SIGNATURE INFORMATION * SIGNATURE /Chris Piveronas/ * SIGNATORY'S NAME Chris Piveronas * SIGNATORY'S POSITION Owner * DATE SIGNED 10/27/2008

47 PTO Form 1478 (Rev 9/2006) OMB No (Exp 12/31/2008) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: Filing Date: 10/27/2008 To the Commissioner for Trademarks: MARK: San FranSicCo (Standard Characters, see mark) The literal element of the mark consists of San FranSicCo. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, Chris Piveronas, DBA San FranSicCo, a citizen of United States, having an address of 1488 Harrison St. #101 San Francisco, California 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 specific filing basis information for each item, you must view the display within the Input Table. International Class 025: Bandanas; Bathing suits; Beachwear; Beanies; Belts; Belts made of leather; Belts of textile; Briefs; Caps; Cargo pants; Denims; Footwear for men and women; Gloves; Hats; Hooded sweat shirts; Jackets; Ladies' underwear; Leather belts; Long underwear; Long-sleeved shirts; Motorcycle gloves; Pants; Rash guards; Riding gloves; Sandals; Shoes; Short-sleeved or long-sleeved t-shirts; Ski and snowboard shoes and parts thereof; Ski gloves; Ski wear; Snow boots; Snow pants; Snowboard gloves; Socks; Sun visors; Surf wear; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming trunks; T-shirts; Tank tops; Thermal underwear; Thongs; Thongs; Ties; Tops; Trunks; Underwear; Wearable garments and clothing, namely, shirts; Wet suits 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, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. In International Class 025, the mark was first used at least as early as 01/01/2008, and first used in commerce at least as early as 10/01/2008, and is now in use in such commerce. The applicant is submitting one 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). Specimen File1 Correspondence Information: Piveronas, Chris 1488 Harrison St. #101