Professional Documents
Culture Documents
Mark: EROTIC MP
Status: Registration cancelled because registrant did not file an acceptable declaration under Section 8. To view all documents in this file, click
on the Trademark Document Retrieval link at the top of this page.
Status Date: Nov. 26, 2021
Publication Date:Mar. 08, 2011
Date Cancelled:Nov. 26, 2021
Mark Information
Mark Literal EROTIC MP
Elements:
Standard Character No
Claim:
Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S) /NUMBER(S)
Type:
Description of The mark consists of the word "EROTIC" in all capital letters, followed by a five-pointed star, followed by the letters "MP" which are also
Mark: in capital letters.
Color(s) Claimed: Color is not claimed as a feature of the mark.
Design Search 01.01.03 - Star - a single star with five points
Code(s):
For: Advertising and directory services, namely, promoting the services of others by providing a web page featuring links to the websites of
others; Providing a searchable website featuring the goods and services of other vendors
International 035 - Primary Class U.S Class(es): 100, 101, 102
Class(es):
Class Status: SECTION 8 - CANCELLED
Basis: 1(a)
First Use: Dec. 04, 2009 Use in Commerce: Dec. 04, 2009
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Jason H. Fisher
Attorney Primary trademark@fisherlg.com Attorney Email Yes
Email Address: Authorized:
Correspondent
Correspondent Jason H. Fisher
Name/Address: Fisher Law Group
18017 Chatsworth St. #250
Los Angeles, CALIFORNIA UNITED STATES 91344
Phone: 3107463053
Correspondent e- trademark@fisherlg.com Correspondent e- Yes
mail: mail Authorized:
Domestic Representative - Not Found
Prosecution History
Proceeding
Date Description
Number
Nov. 26, 2021 CANCELLED SEC. 8 (10-YR)/EXPIRED SECTION 9
May 24, 2020 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
Sep. 06, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Sep. 06, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Sep. 06, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL
Jun. 28, 2016 TEAS SECTION 8 & 15 RECEIVED
May 24, 2016 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
Sep. 23, 2015 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
Sep. 14, 2015 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Sep. 14, 2015 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Jan. 05, 2015 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Oct. 21, 2014 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Oct. 31, 2013 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Sep. 23, 2013 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jan. 31, 2012 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jan. 31, 2012 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
May 24, 2011 REGISTERED-PRINCIPAL REGISTER
Mar. 08, 2011 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Mar. 08, 2011 PUBLISHED FOR OPPOSITION
Jan. 28, 2011 LAW OFFICE PUBLICATION REVIEW COMPLETED
Jan. 28, 2011 ASSIGNED TO LIE
Dec. 29, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER
Dec. 29, 2010 TEAS/EMAIL CORRESPONDENCE ENTERED
Dec. 29, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE
Dec. 29, 2010 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Dec. 22, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED
Dec. 22, 2010 NON-FINAL ACTION E-MAILED
Dec. 22, 2010 NON-FINAL ACTION WRITTEN
Dec. 01, 2010 TEAS/EMAIL CORRESPONDENCE ENTERED
Dec. 01, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE
Dec. 01, 2010 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Dec. 01, 2010 PETITION TO REVIVE-GRANTED
Dec. 01, 2010 TEAS PETITION TO REVIVE RECEIVED
Nov. 11, 2010 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Nov. 11, 2010 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Oct. 26, 2010 ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND
Oct. 26, 2010 ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE
Mar. 30, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED
Mar. 30, 2010 NON-FINAL ACTION E-MAILED
Mar. 30, 2010 NON-FINAL ACTION WRITTEN
Mar. 29, 2010 ASSIGNED TO EXAMINER
Jan. 14, 2010 NOTICE OF DESIGN SEARCH CODE MAILED
Jan. 13, 2010 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jan. 09, 2010 NEW APPLICATION ENTERED
Assignment 1 of 1
TRADEMARK REGISTRATION MAINTENANCE DOCUMENT(S) UNDER SECTIONS 8 AND 9 MUST BE FILED BEFORE
DEADLINE OR REGISTRATION WILL BE CANCELLED/EXPIRED
Required submission. The owner of the trademark registration must file a Declaration of Use and/or Excusable Nonuse and an Application for Renewal under Sections
8 and 9 of the Trademark Act (Sections 8 and 9 Declaration) between now and May 24, 2021. For an additional fee, the owner can file within the 6-month grace period that
ends on November 24, 2021.
If ownership of the registration or the owner's name has changed, the owner can use the Electronic Trademark Assignment System (ETAS) to record the
change. More information on changes of ownership/owner name is available on the USPTO website.
Proof of Use Audit. The USPTO is conducting an audit program to promote the accuracy and integrity of the trademark register. If a registration is selected for audit, the
owner will be required to submit proof of use for additional goods/services for which use is claimed in a Section 8 Declaration. Detailed information about the program is
available on the Proof of Use Audit Program webpage.
Determination of time of receipt by USPTO. Correspondence transmitted through the Trademark Electronic Application System (TEAS) is considered filed on the date the
USPTO receives the transmission in Eastern Time.
If the owner fails to file a timely Sections 8 and 9 Declaration the registration will be CANCELLED/EXPIRED and cannot be reinstated.
This reminder notice is being sent only as a courtesy to trademark owners who maintain a current email address with the USPTO. Failure by the USPTO to send a
reminder or non-receipt of a reminder does not excuse a trademark owner from meeting the statutory obligations for maintaining a registration.
Foreign-domiciled owners must have a U.S.-licensed attorney represent them at the USPTO in any post-registration filing.
Beware of misleading notices sent by private companies about registrations. Private companies not associated with the USPTO use public information available in
trademark registrations to mail and email trademark-related offers and notices - most of which require fees. All official USPTO correspondence will only be emailed from the
domain "@uspto.gov."
Direct questions about this notice to the Trademark Assistance Center at 1-800-786-9199 (select option 1) or TrademarkAssistanceCenter@uspto.gov.
From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, September 6, 2016 11:00 PM
To: XXXX
Subject: Official USPTO Notice of Acceptance/Acknowledgement Sections 8 and 15: U.S. Trademark RN 3964156: EROTIC MP (Stylized/Design)
Sep 6, 2016
The registration will remain in force for the class(es) listed below for the remainder of the ten-year period, calculated from the registration date, unless canceled by
an order of the Commissioner for Trademarks or a Federal Court.
Class(es):
035
TRADEMARK SPECIALIST
POST-REGISTRATION DIVISION
571-272-9500
WARNING: Your registration will be canceled if you do not file the documents below during the specified time periods.
What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between the 9th and 10th years after the registration date.
See 15 U.S.C. §§1058, 1059.
What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
registration date. See 15 U.S.C. §§1058, 1059.
The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.
***The USPTO WILL NOT SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS. THE REGISTRANT SHOULD CONTACT THE USPTO ONE
YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***
To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=77906298. NOTE: This notice will only be available on-line the
next business day after receipt of this e-mail.
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 1583 (Rev 05/2006)
OMB No. 0651-0055 (Exp 07/31/2018)
SPECIMEN DESCRIPTION printout of website showing advertising and directory services being offered under the mark.
OWNER SECTION (current)
NAME INTERNATIONAL SPIRIT LTD
STREET GLOBAL GATEWAY 8, RUE DE LA PERLE
CITY PROVIDENCE MAHE
COUNTRY Seychelles
LEGAL ENTITY SECTION (current)
TYPE INTERNATIONAL BUSINESS COMPANY
STATE/COUNTRY WHERE
LEGALLY ORGANIZED
Seychelles
PAYMENT SECTION
NUMBER OF CLASSES 1
NUMBER OF CLASSES PAID 1
SUBTOTAL AMOUNT 300
TOTAL FEE PAID 300
SIGNATURE SECTION
SIGNATURE /Eun Hee Kim/
SIGNATORY'S NAME Eun Hee Kim
SIGNATORY'S POSITION Vice President
DATE SIGNED 06/28/2016
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Tue Jun 28 14:25:24 EDT 2016
USPTO/S08N15-XX.X.XXX.XXX
-20160628142524854871-396
4156-55096a7d3caa67dd4573
TEAS STAMP
38a8d807d3ebc81549e1c87dd
29457385eabb3e3fe2d-CC-77
6-20160628141922920164
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 1583 (Rev 05/2006)
OMB No. 0651-0055 (Exp 07/31/2018)
The owner, INTERNATIONAL SPIRIT LTD, INTERNATIONAL BUSINESS COMPANY legally organized under the laws of Seychelles,
having an address of
GLOBAL GATEWAY 8, RUE DE LA PERLE
PROVIDENCE MAHE,
Seychelles
is filing a Combined Declaration of Use and Incontestability under Sections 8 & 15.
For International Class 035, the mark is in use in commerce on or in connection with all of the goods/all of the services, or to indicate
membership in the collective membership organization, listed in the existing registration for this specific class: Advertising and directory
services, namely, promoting the services of others by providing a web page featuring links to the websites of others; Providing a searchable
website featuring the goods and services of other vendors; and the mark has been continuously used in commerce for five (5) consecutive years
after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with all goods/all
services, or to indicate membership in the collective membership organization, listed in the existing registration for this class. Also, no final
decision adverse to the owner's claim of ownership of such mark for those goods/services, or to indicate membership in the collective
membership organization, exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving
said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.
The owner is submitting one(or more) specimen(s) for this class showing the mark as used in commerce on or in connection with any item in this
class, consisting of a(n) printout of website showing advertising and directory services being offered under the mark..
A fee payment in the amount of $300 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee,
if necessary.
Declaration
The mark is in use in commerce on or in connection with the goods/services, or to indicate membership in the collective membership
organization, identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce. The mark has been in
continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is
still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed
in the existing registration. There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or
to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the
register; and there is no proceeding involving said rights pending and not disposed of either in the United States Patent and Trademark Office or
in a court.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001,
and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own
knowledge are true and all statements made on information and belief are believed to be true.
WARNING: Your trademark registration will be CANCELLED if you do not file the required document below during the specified statutory time period.
The above-identified registration registered on May 24, 2011. Therefore, the owner of the registration must file a Declaration of Use and/or Excusable Nonuse under §8 of the
Trademark Act anytime between now and May 24, 2017. For an additional fee, the owner may file the declaration within the six-month grace period that ends on Nov 24, 2017.
See 15 U.S.C. §1058. The current fee for filing a declaration under §8 is $100 per class, and the additional fee for filing during the six-month grace period is $100 per class. 37
C.F.R. §2.6.
If the registration meets the requirements of §15 of the Trademark Act, the owner may additionally file an optional Declaration of Incontestability under §15. See 15 U.S.C.
§1065. The current fee for filing a declaration under §15 is $200 per class. 37 C.F.R. §2.6.
To expedite processing, the owner is encouraged to file through the USPTO's official website using the Trademark Electronic Application System ("TEAS"). Official forms for
filing Declarations of Use and/or Excusable Nonuse under §8 and Combined Declarations of Use and Incontestability under §§8 and 15 are available through TEAS at
http://www.uspto.gov/trademarks/teas/reg_maintain.jsp.
For information regarding how to record ownership documents such as assignments, name changes and mergers, please see TMEP §503. To expedite recordation, the owner
is encouraged to file requests for recordation through the Electronic Trademark Assignment System ("ETAS") at http://etas.uspto.gov.
For further information regarding the maintenance of a trademark registration, including future maintenance filings, please consult the USPTO website at
http://www.uspto.gov/trademarks/process/maintain/prfaq.jsp.
This reminder notice is being sent only as a courtesy to those trademark owners who have authorized e-mail communication and maintain a current e-mail address with the
USPTO. Failure by the USPTO to send a reminder or non-receipt of a reminder does not excuse a trademark owner from meeting the statutory obligations for maintaining a
trademark registration. If a registration is cancelled and/or expired due to the failure to timely file required maintenance documents, it cannot be reinstated or revived.
Beware of Unofficial Trademark Solicitations: Please be aware that private companies not associated with the USPTO often use trademark registration information from the
USPTO's database to mail or e-mail trademark-related solicitations. This is the only official reminder that you will receive from the USPTO about your upcoming required
maintenance filing. For additional information about these private solicitations, please visit the USPTO website at http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
In order to be eligible for future e-mail reminders of maintenance filings, please remember to authorize e-mail communication when filing your maintenance documents through
TEAS and ensure that you maintain a current e-mail address with the USPTO.
PTO Form 2196 (Rev 9/2005)
OMB No. 0651-0056 (Exp 9/30/2017)
By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above, and hereby APPOINTS the
following new attorney.
3107463053
trademark@fisherlg.com
By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above, and hereby APPOINTS the
following new attorney:
702-990-0646
lawofficesofiradavid@gmail.com
NOTICE OF PUBLICATION
The mark identified above has been published in the Trademark Official Gazette (OG) on Mar 08, 2011. Any party who believes it will be damaged by the registration of the
mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty
(30) days after the publication date, then within twelve (12) weeks of the publication date a certificate of registration should issue.
On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the OG for accuracy (see steps, below). If any information is
incorrect, the applicant should immediately email the requested correction to TMPostPubQuery@uspto.gov. For general information about this notice, please contact the
Trademark Assistance Center at 1-800-786-9199.
1. Click on the following link or paste the URL into an internet browser: http://www.uspto.gov/web/trademarks/tmog/20110308_OG.pdf#page=1
2. Wait for the total OG to download completely (as indicated on bottom of OG page).
3. At the top/side of the displayed page, click wherever the "binoculars" icon appears.
4. Enter in the "search" box the name of the applicant (for individual: last name, first name) or the serial number in this exact format (with hyphen and comma): 77-906,298, e.g.
5. View the retrieved result(s). If multiple results appear in the "results" box, click directly on each "search term" shown in the box to access all separate appearances in the
OG.
Trademark Snap Shot Publication & Issue Review Stylesheet
(Table presents the data on Publication & Issue Review Complete)
OVERVIEW
PUB INFORMATION
FILING BASIS
66A NO 66A NO
NO BASIS NO NO BASIS NO
MARK DATA
ENTITY 01-INDIVIDUAL
DESCRIPTION TEXT Advertising and directory services, namely, promoting the services of others by
providing a web page featuring links to the websites of others; Providing a
searchable website featuring the goods and services of other vendors
INTERNATIONAL 035 FIRST USE DATE 12/04/2009 FIRST USE IN 12/04/2009 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO
DESCRIPTION OF MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
pointed star, followed by the letters "MP" which are also in capital letters.
PROSECUTION HISTORY
01/14/2010 MDSM O NOTICE OF DESIGN SEARCH CODE AND PSEUDO MARK MAILED 003
01/13/2010 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002
OVERVIEW
PUB INFORMATION
FILING BASIS
66A NO 66A NO
NO BASIS NO NO BASIS NO
MARK DATA
ENTITY 01-INDIVIDUAL
DESCRIPTION TEXT Advertising and directory services, namely, promoting the services of others by
providing a web page featuring links to the websites of others; Providing a
searchable website featuring the goods and services of other vendors
INTERNATIONAL 035 FIRST USE DATE 12/04/2009 FIRST USE IN 12/04/2009 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO
DESCRIPTION OF MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
pointed star, followed by the letters "MP" which are also in capital letters.
PROSECUTION HISTORY
01/14/2010 MDSM O NOTICE OF DESIGN SEARCH CODE AND PSEUDO MARK MAILED 003
01/13/2010 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002
OVERVIEW
PUB INFORMATION
FILING BASIS
66A NO 66A NO
NO BASIS NO NO BASIS NO
MARK DATA
ENTITY 01-INDIVIDUAL
DESCRIPTION TEXT Advertising and directory services, namely, promoting the services of others by
providing a web page featuring links to the websites of others; Providing a
searchable website featuring the goods and services of other vendors
INTERNATIONAL 035 FIRST USE DATE 12/04/2009 FIRST USE IN 12/04/2009 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO
DESCRIPTION OF MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
pointed star, followed by the letters "MP" which are also in capital letters.
PROSECUTION HISTORY
01/14/2010 MDSM O NOTICE OF DESIGN SEARCH CODE AND PSEUDO MARK MAILED 003
01/13/2010 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002
DESCRIPTION OF THE MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
(and Color Location, if applicable) pointed star, followed by the letters "MP" which are also in capital letters.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT11\IMAGEOUT 11\779\062\77906298\xml12 \ROA0002.JPG
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT EROTIC MP
COLOR MARK NO
DESCRIPTION OF THE MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
(and Color Location, if applicable) pointed star, followed by the letters "MP" which are also in capital letters.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 919 x 755
SIGNATURE SECTION
RESPONSE SIGNATURE /Ira David/
SIGNATORY'S NAME Ira David
SIGNATORY'S POSITION Attorney of record, NV bar member
DATE SIGNED 12/29/2010
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 29 13:32:42 EST 2010
USPTO/ROA-XX.XXX.XX.XXX-2
0101229133242521172-77906
TEAS STAMP 298-4703b4eb0458c829c2a4d
9d1f71cb12e42-N/A-N/A-201
01229132702729483
PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)
MARK
Applicant proposes to amend the mark as follows:
Current: EROTIC MP (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of the word "EROTIC" in all capital letters, followed by a five-pointed star, followed by the letters "MP" which are also in
capital letters.
SIGNATURE(S)
Response Signature
Signature: /Ira David/ Date: 12/29/2010
Signatory's Name: Ira David
Signatory's Position: Attorney of record, NV bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
MARK: EROTIC MP
*77906298*
CORRESPONDENT ADDRESS:
Ira David CLICK HERE TO RESPOND TO THIS LETTER:
P.O. Box 371654 http://www.uspto.gov/teas/eTEASpageD.htm
Las Vegas NV 89137
CORRESPONDENT’S REFERENCE/DOCKET NO :
N/A
CORRESPONDENT E-MAIL ADDRESS:
lawofficesofiradavid@gmail.com
OFFICE ACTION
Registration was refused based on requirements for 1) an acceptable description of the mark, and 2) an acceptable specimen with a mark that
matches the drawing. Applicant provided a description of the mark and new drawing that shows use of the mark on the specimen. The
amendments are conditionally accepted.
In this regard, the amended drawing contains some faded lines, which do not really appear to be part of the mark. Therefore, applicant must
submit a clearer copy of the amended drawing.
As noted above, the amended drawing contains some faded lines, which do not really appear to be part of the mark. Significantly, the description
of the mark confirms this. However, everything on the drawing page is considered part of the mark, and, in this case, the mark cannot be
reproduced properly without the lines. Therefore, applicant must submit a clearer copy of the amended drawing (presumably without the lines).
(1) Depict the mark in black and white, unless the mark is in color. If color is a feature of the mark, applicant must depict the mark in
color, and provide both a statement identifying the colors claimed and a statement describing where the colors appear in the mark.
(2) Depict the mark using a pen or a process that will provide high definition when copied. A photolithographic, printer’s proof copy,
or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded.;
and
(3) Depict the mark no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide.
37 C.F.R. §§2.52(b), (b)(1), 2.54(b), (d)-(e); see TMEP §§807.04(a), 807.06(a), 807.07(a) et seq.
For marks not depicted in color, the mark itself should be depicted in black on a white background. 37 C.F.R. §2.52(b).
Further, the Office prefers that the drawing be on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches
long (20.3 to 21.6 cm wide and 27.9 to 29.7 cm long). One of the shorter sides of the sheet should be the top edge and include the caption
“DRAWING PAGE.” 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a).
Special form drawings submitted electronically via the Trademark Electronic Application System (TEAS) must be attached as a digitized image
file. The requirements for an electronically submitted special form drawing are as follows:
(1) The mark should appear in black on a white background, unless the mark is in color. If color is a feature of the mark, applicant must
depict the mark in color, and provide both a statement identifying the colors claimed and a statement describing where the colors appear
in the mark.;
(2) All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high-quality image when copied.; and
(3) The digitized mark image must be in jpg format, formatted at no less than 300 dots per inch and no more than 350 dots per inch.
In addition to the above, the Office recommends that the digitized image of the mark have a length and width of no smaller than 250 pixels and
no larger than 944 pixels.
Advisory
If a clearer copy of the amended drawing is not submitted, then please note that registration may again be refused on the basis that the drawing of
the proposed mark does not match the mark on the specimen. In that case, it also will be necessary to revisit the issue of whether the description
of the mark accurately describes the mark.
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 §819.02(b). In addition, such
applicants must accept correspondence from the Office via e-mail throughout the examination process and must maintain a valid e-mail address.
37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(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 §819.04. 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.
/MaureenDallLott/
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at
http://teasroa.uspto.gov/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of
the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.
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
http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call
1-800-786-9199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.
Please follow the instructions below to continue the prosecution of your application:
TO READ OFFICE ACTION: Click on this link or go to http://portal.uspto.gov/external/portal/tow 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 e-mail notification.
RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response
time period. Your response deadline will be calculated from 12/22/2010 (or sooner if specified in the office action).
Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed
responses. Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response
Form.
HELP: For technical assistance in accessing the Office action, please e-mail
TDR@uspto.gov. Please contact the assigned examining attorney with questions about the Office action.
WARNING
Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your
application.
*** User:mdall ***
# Total Dead Live Live Status/ Search
Marks Marks Viewed Viewed Search
Docs Images Duration
01 1 0 1 1 0:01 77906298[SN]
02 1 N/A 0 0 0:02 010103[dc] and (*erotic* or *mp* or "m p")[bi,ti] and 1
03 0 0 0 0 0:01 2 not 1 not dead[ld]
04 1 N/A 0 0 0:01 0101??[dc] and (*erotic* or *mp* or "m p")[bi,ti] and 1
05 0 0 0 0 0:01 4 not 1 not dead[ld]
OVERVIEW
PUB INFORMATION
FILING BASIS
66A NO 66A NO
NO BASIS NO NO BASIS NO
MARK DATA
ENTITY 01-INDIVIDUAL
DESCRIPTION TEXT Advertising and directory services, namely, promoting the services of others by
providing a web page featuring links to the websites of others; Providing a
searchable website featuring the goods and services of other vendors
INTERNATIONAL 035 FIRST USE DATE 12/04/2009 FIRST USE IN 12/04/2009 CLASS STATUS 6-ACTIVE
CLASS COMMERCE
DATE
MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO
DESCRIPTION OF MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
pointed star, followed by the letters "MP" which are also in capital letters.
PROSECUTION HISTORY
01/14/2010 MDSM O NOTICE OF DESIGN SEARCH CODE AND PSEUDO MARK MAILED 003
01/13/2010 NWOS I NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM 002
NOTICE OF REVIVAL
MAILING DATE: Dec 1, 2010
The trademark application identified below has been revived to pending status. The application file will be forwarded to the appropriate section of
the Office for further processing.
To verify the status and location of your application, please wait approximately three weeks and check the USPTO website at http://tarr.uspto.gov/ or
call the Trademark Assistance Center at 1-800-786-9199.
Side - 2
UNITED STATES PATENT AND TRADEMARK OFFICE
COMMISSIONER FOR TRADEMARKS
FIRST-CLASS MAIL
P.O. BOX 1451 U.S POSTAGE
ALEXANDRIA, VA 22313-1451 PAID
Ira David
P.O. Box 371654
Las Vegas, NV 89137
PTO Form 2194 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)
DESCRIPTION OF THE MARK The mark consists of the word EROTIC, all caps, followed by a five-pointed star,
(and Color Location, if applicable) followed by the letters MP, also caps.
MARK SECTION (proposed)
MARK FILE NAME \\TICRS\EXPORT11\IMAGEOUT 11\779\062\77906298\xml3\ POA0002.JPG
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
LITERAL ELEMENT EROTIC MP
COLOR MARK NO
DESCRIPTION OF THE MARK The mark consists of the word "EROTIC" in all capital letters, followed by a five-
(and Color Location, if applicable) pointed star, followed by the letters "MP" which are also in capital letters.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 919 x 755
PAYMENT SECTION
TOTAL AMOUNT 100
TOTAL FEES DUE 100
SIGNATURE SECTION
RESPONSE SIGNATURE /Ira David/
SIGNATORY'S NAME Ira David
SIGNATORY'S POSITION Attorney of record, NV bar member
DATE SIGNED 11/30/2010
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 01 02:20:56 EST 2010
USPTO/POA-XX.XXX.XXX.X-20
101201022056599163-779062
TEAS STAMP 98-4603a5b9e9149faf735bae
57bbffb183a8c-CC-8217-201
01201020205151129
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the
USPTO to revive the abandoned application.
MARK
Applicant proposes to amend the mark as follows:
Current: EROTIC MP (Stylized and/or with Design)
Color is not claimed as a feature of the mark.
The mark consists of the word EROTIC, all caps, followed by a five-pointed star, followed by the letters MP, also caps.
The applicant is not claiming color as a feature of the mark. The mark consists of the word "EROTIC" in all capital letters, followed by a five-
pointed star, followed by the letters "MP" which are also in capital letters.
FEE(S)
Fee(s) in the amount of $100 is being submitted.
SIGNATURE(S)
Petition/Response Signature
Signature: /Ira David/ Date: 11/30/2010
Signatory's Name: Ira David
Signatory's Position: Attorney of record, NV bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above, and hereby APPOINTS the
following new attorney:
702-990-0646
lawofficesofiradavid@gmail.com
NOTICE OF ABANDONMENT
MAILING DATE: Oct 26, 2010
The trademark application identified below was abandoned in full because a response to the Office Action mailed on Mar 30, 2010 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 http://www.uspto.gov/teas/petinfo.htm. If you are unable to get the information you need from the website, call the
Trademark Assistance Center at 1-800-786-9199.
Side - 2
UNITED STATES PATENT AND TRADEMARK OFFICE
COMMISSIONER FOR TRADEMARKS
FIRST-CLASS MAIL
P.O. BOX 1451 U.S POSTAGE
ALEXANDRIA, VA 22313-1451 PAID
IRA DAVID
MORISHITA LAW FIRM, LLC
8960 W TROPICANA AVE STE 300
LAS VEGAS , NV 89147-8161
To: Applegate, Shad (firm@morishitalawfirm.com)
Subject: U.S. TRADEMARK APPLICATION NO. 77906298 - EROTIC MP - APPLEGATE 09
Sent: 3/30/2010 7:45:13 PM
Sent As: ECOM117@USPTO.GOV
Attachments:
MARK: EROTIC MP
*77906298*
CORRESPONDENT ADDRESS:
IRA DAVID RESPOND TO THIS ACTION:
MORISHITA LAW FIRM, LLC http://www.uspto.gov/teas/eTEASpageD.htm
8960 W TROPICANA AVE STE 300
LAS VEGAS, NV 89147-8161 GENERAL TRADEMARK INFORMATION:
http://www.uspto.gov/main/trademarks.htm
CORRESPONDENT’S REFERENCE/DOCKET NO :
APPLEGATE 09
CORRESPONDENT E-MAIL ADDRESS:
firm@morishitalawfirm.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.
Introduction
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.
Please note that the citations to the “TMEP” below refer to the Trademark Manual of Examining Procedure (5th ed., 2007), available on the
United States Patent and Trademark Office website at www.uspto.gov/main/trademarks.htm. The TMEP is a detailed guidebook written by the
Office to explain the laws and procedures that govern the trademark and service mark application, registration and post registration processes.
Additionally please note that copies of Office actions and supporting documentation for this application can be viewed and downloaded online at
http://portal.uspto.gov/external/portal/tow. Simply, enter the serial number of this application in the box labeled NUMBER and click on the
SUBMIT button. The Office actions can then be viewed by clicking the links labeled “Offc Action Outgoing” (which have their relevant
mail/creation dates next to them) in the Trademark Document Retrieval (TDR) system.
Search
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act
Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Applicant must respond to the requirement(s) set forth below.
Description of Mark
Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal
elements as well as any design elements. See 37 C.F.R. §2.37; TMEP §§808 et seq. Here, the description of the mark is accurate, but must be
made a bit more concise.
The mark consists of the word “EROTIC” in all capital letters, followed by a five-point star, followed by the letters “MP,” which
are also in capital letters.
The mark on the specimen disagrees with the mark on the drawing. In this case, both the drawing and the specimen display the mark as
“EROTIC MP” with a star between the words. However, the font of the wording and the size of the star differ. The wording in the mark on the
specimen is chunky in comparison with the wording in the drawing. Moreover, in the drawing the star is the same height as the wording. The
mark on the specimen, however, shows the star as being much smaller than the wording.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each class of
goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
The mark on the drawing must be a substantially exact representation of the mark on the specimen. 37 C.F.R. §2.51(a); TMEP §807.12(a); see
37 C.F.R. §2.72(a)(1). In addition, the drawing of the mark can be amended only if the amendment does not materially alter the mark as
originally filed. 37 C.F.R. §2.72(a)(2); see TMEP §§807.12(a), 807.14 et seq.
(1) A new drawing of the mark that agrees with the mark on the specimen but does not materially alter the original mark. See 37 C.F.R.
§2.72(a)(2); TMEP §§807.12(a), 807.14 et seq. Amending the drawing to agree with the specimen would not be considered a material
alteration of the mark in this case.; or
(2) A substitute specimen showing use in commerce of the mark on the drawing, 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.” See 37 C.F.R. §§2.59(a), 2.193(e)(1); TMEP §§807.12(a), 904.05. If submitting a specimen requires an amendment to
the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c); TMEP §904.05.
If applicant cannot satisfy one of the above requirements, 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), for which no specimen is required. See TMEP §806.03(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 §1103.
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 and/or services listed in the
application as of the filing date of the application.” 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R.
§§2.35(b)(1), 2.193(e)(1).
Advisory:
The examining attorney notes that the specimen also shows the mark “EROTICMP” without a star. Please note that applicant may not amend
the drawing to conform to this display of the mark on the specimen as it would constitute an impermissible material alteration. 37 C.F.R.
§2.72(a)(2); see TMEP §§807.12(a), 807.14 et seq. In this regard, if the star were deleted, the commercial impression of the mark would be
significantly altered as the only design element would have been deleted. Additionally, if the mark had been published, republication would be
required.
Conditional Refusal:
Pending receipt of a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a
trademark and/or service mark. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904,
904.07(a).
Applicant may respond to the stated specimen refusal by submitting a verified substitute specimen or amending the application to an intent to use
filing basis under Trademark Act Section 1(b) by following the suggested directions below for responding either online or by mail.
If applicant responds to this Office action online via the Trademark Electronic Application System (TEAS), applicant should provide a
substitute specimen as follows: (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; and (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.” However, if applicant is responding by amending the application to a Section 1(b) filing basis,
applicant should do the following: (1) answer “yes” to the TEAS response form wizard question to “change filing basis;” (2) uncheck the box
for “Filing Basis Section 1(a);” and (3) check the box for “Filing Basis Section 1(b).” Please note that these steps appear on different pages of
the TEAS response form.
Whether submitting a substitute specimen or amending the filing basis to Section 1(b), applicant must also personally sign or personally enter
his/her electronic signature and date after the declaration at the end of the TEAS response form. See 37 C.F.R. §§2.34(a)(2), 2.59(a), 2.193(a),
(c)-(d), (e)(1); TMEP §§611.01(c), 804.01(b).
If applicant experiences difficulty in submitting the required substitute specimen, supporting statement and/or declaration, or changing the filing
basis, please e-mail TEAS@uspto.gov for technical assistance regarding the TEAS response form.
If applicant responds to this Office action on paper, via regular mail, applicant may provide a verified substitute specimen by checking the
first statement below, personally signing and dating the declaration appearing below the statement, and submitting a substitute specimen showing
the applied-for mark in use in commerce. See 37 C.F.R. §§2.20, 2.59(a), 2.193(a)(1), (d), (e)(1); TMEP §§804.01(b), 904.05. If applicant is
responding by amending the application to a Section 1(b) filing basis, applicant may check the second statement below, and personally sign and
date the declaration appearing below the statement. See 37 C.F.R. §§2.20, 2.34(a)(2), 2.193(a)(1), (d), (e)(1); TMEP §§804.01(b), 806.03(c).
q The substitute specimen was in use in commerce at least as early as the filing date of the application.
q Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services
listed in the application as of the filing date of the application.
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)
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. For a complete list of these documents, see TMEP §819.02(b). In addition, such applicants must accept correspondence from the Office
via e-mail throughout the examination process and must maintain a valid e-mail address. 37 C.F.R. §2.23(a)(2); TMEP §§819, 819.02(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 §819.04. Responding by telephone to authorize an examiner’s amendment will not incur this additional fee.
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at
http://www.uspto.gov/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For
technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned
examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed 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 e-mail address of the person signing the response. Please use the following address: Commissioner for
Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
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 http://tarr.uspto.gov. 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.
To: Applegate, Shad (firm@morishitalawfirm.com)
Subject: U.S. TRADEMARK APPLICATION NO. 77906298 - EROTIC MP - APPLEGATE 09
Sent: 3/30/2010 7:45:17 PM
Sent As: ECOM117@USPTO.GOV
Attachments:
Your trademark application (Serial No. 77906298) has been reviewed. The examining attorney assigned by the
United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 3/30/2010 to
which you must respond (unless the Office letter specifically states that no response is required). Please follow these
steps:
PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail 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 3/30/2010 (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 e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed
responses.
*** User:mdall ***
# Total Dead Live Live Status/ Search
Marks Marks Viewed Viewed Search
Docs Images Duration
01 1 0 1 1 0:01 77906298[SN]
02 916 N/A 0 0 0:41 *{"iye"}r$1{v}t$1{"iye"}{"ckqx"}*[bi,ti] not dead[ld]
03 136773 N/A 0 0 0:02 (*mp* or "m p")[bi,ti]
04 11 N/A 0 0 0:01 2 and 3 not dead[ld]
05 10 0 10 10 0:01 4 not 1
06 120 N/A 0 0 0:03 *erotic*[bi,ti] not dead[ld]
07 122 N/A 0 0 0:01 *erot{"iy"}{"ckqx"}*[bi,ti] not dead[ld]
08 121 0 121 93 0:01 7 not 1 not dead[ld]
09 26 0 26 20 0:01 "035"[ic] and 8
10 95 0 95 73 0:01 8 NOT (1 9)
11 7644 N/A 0 0 0:03 *MP*[bi,ti] AND ("035" or a or b or 200)[ic] not dead[ld]
12 144 N/A 0 0 0:02 MP*[bi,ti] AND ("035" or a or b or 200)[ic] not dead[ld]
13 1137 N/A 0 0 0:02 (MP* OR "M P")[bi,ti] not dead[ld]
14 493 N/A 0 0 0:03 "035"[CC] AND 13
15 276 N/A 0 0 0:03 ("044" or "035" or "042" or a or b or 200)[ic] AND 13
16 275 0 275 214 0:01 15 NOT 1
17 67 0 67 59 0:03 (ADVERTISE OR ADVERTISING OR MARKETING OR PROMOTING OR PROMOTION)[GS] AND 16
18 208 0 208 155 0:01 16 NOT 17
19 5 N/A 0 0 0:01 0101??[DC] AND 2 not dead[ld]
20 18 N/A 0 0 0:01 0101??[DC] AND 13 not dead[ld]
21 4 0 4 4 0:01 19 NOT 1
22 17 0 17 17 0:01 20 NOT 1 not dead[ld]
23 3532 N/A 0 0 0:02 010103[DC] AND ("035" or a or b or 200)[ic]
24 1490 N/A 0 0 0:03 23 not dead[ld]
25 8737 N/A 0 0 0:04 010103[DC] not dead[ld]
26 1211 N/A 0 0 0:04 010103[DC] AND "1"[TD] not dead[ld]
27 560 N/A 0 0 0:03 "035"[CC] AND 26
28 253 N/A 0 0 0:01 ("035" or "042" OR "044"or a or b or 200)[ic] AND 26
29 252 0 2 252 0:01 28 NOT 1
DATE: 03/30/2010
NAME: mdall
NOTE:
OTHER:
From: TMDesignCodeComments
Sent: Thursday, January 14, 2010 00:15 AM
To: XXXX
Subject: Notice of Design Search Code and Pseudo Mark for Serial Number: 77906298
The USPTO may assign design search codes and/or pseudo marks, as appropriate, to new applications and renewed registrations to assist in searching the USPTO database
for conflicting marks. They have no legal significance and will not appear on the registration certificate.
DESIGN SEARCH CODES are numerical codes assigned to figurative, non-textual elements found in marks. For example, if your mark contains the design of a flower, design
search code 05.05 would be assigned to your application. Design search codes are described on Internet Web page http://www.uspto.gov/tmdb/dscm/index.html.
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 design search code(s) or pseudo mark assigned to your mark, please e-mail
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 1-800-786-9199 to speak to a Customer Service representative.
The USPTO will not send any further response to your e-mail. Check TESS in approximately two weeks to see if the requested changes have been entered. Requests
deemed unnecessary or inappropriate will not be entered.
Design search codes and pseudo marks assigned to the referenced serial number are listed below.
DESIGN SEARCH CODES:
PSEUDO MARK:
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.
*DESCRIPTION OF THE MARK The mark consists of the word EROTIC, all caps, followed by
(and Color Location, if applicable) a five-pointed star, followed by the letters MP, also caps.
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT 824 x 508
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Applegate, Shad
*STREET 6130 Flamingo, #732
*CITY Las Vegas
*STATE
Nevada
(Required for U.S. applicants)
SPECIMEN \\TICRS\EXPORT9\IMAGEOUT9
FILE NAME(S) \779\062\77906298\xml1\FT K0003.JPG
SPECIMEN DESCRIPTION capture of website showing mark as filed
ADDITIONAL STATEMENTS SECTION
*TRANSLATION
(if applicable)
*TRANSLITERATION
(if applicable)
*CONSENT (NAME/LIKENESS)
(if applicable)
ATTORNEY INFORMATION
NAME Ira David
ATTORNEY DOCKET NUMBER APPLEGATE 09-01
FIRM NAME Morishita Law Firm, LLC
INTERNAL ADDRESS Suite 300
STREET 8960 W. Tropicana
CITY Las Vegas
STATE Nevada
COUNTRY United States
ZIP/POSTAL CODE 89147
PHONE 702-222-2113
FAX 702-227-0615
EMAIL ADDRESS firm@morishitalawfirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Robert Ryan Morishita
CORRESPONDENCE INFORMATION
*NAME Ira David
FIRM NAME Morishita Law Firm, LLC
INTERNAL ADDRESS Suite 300
*STREET 8960 W. Tropicana
*CITY Las Vegas
*STATE
(Required for U.S. applicants)
Nevada
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035: Advertising and directory services, namely, promoting the services of others by providing a web page featuring
links to the websites of others; Providing a searchable website featuring the goods and services of other vendors
In International Class 035, the mark was first used at least as early as 12/04/2009, and first used in commerce at least as early as 12/04/2009, 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) capture of website showing mark as filed.
Specimen File1
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
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. Section 1001, and that such willful false statements, and the like, 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. Section 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 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; and that all
statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.