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12-17-1999 Patent & Trademark Office Notice of Publication under 12(a)Q�Pdc0,01 CS C���qo UNITED STATES, DEPARTMENT OF COMMERCE.. Patent and Trademark Office s S ASSISTANT COMMISSIONER FOR TRADEMARKS �s >ares of p��� 2900 Crystal Drive Arlington, Virginia 22202 -3513 Dec 17, 1999 NOTICE OF PUBLICATION UNDER 12(a) 1. Serial No.: 75/690,611 3. International Class(es): 42 4. Publication Date: Jan 18, 2000 2. Mark: AVON COLORADO HEART OF THE VALLEY and design 5. Applicant: Town of Avon Colorado The mark of the application identified appears to be entitled to registration. The mark will, in accordance with Section 12(a) of the Trademark Act of 1946, as amended, be published in the Official Gazette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If no opposition is filed within the time specified by Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules, the Commissioner of Patents and Trademarks may issue a certificate of registration. Copies of the trademark portion of the Official Gazette containing the publication of the mark may be obtained at $38.00 each for domestic orders, or at $47.50 each for foreign orders from: The Superintendent of Documents U.S. Government Printing Office PO Box 371954 Pittsburgh, PA 15250 -7954 Phone: (202)512 -1800 By direction of the Commissioner. PCFDLR (REV 12/97) Re: Serial No. 75/690611 Trademark application — Town of Avon, Colorado To Whom It May Concern: This is an update to the Town's application, per the letter received from Amy Gearin, Trademark Attorney. 1. Identification: The Town adopts International Class 42 "Town municipal services ". 2. Capacity of person who signed the application: The person who signed the application is the undersigned, Burt Levin, the Town Attorney of Avon. The undersigned is an officer of the Town of Avon, as per page 24 of the Charter of the Town (a copy of which is attached). Furthermore, the undersigned has color of authority to sign the application, having first hand knowledge of the truth of the statements in the application as well as actual authority to act on behalf of the applicant. 3. Disclaimer of color lining statement: The applicant deletes the color lining statement in the application. 4. Disclaimer of geographically descriptive wording: No claim is made to the exclusive right to use AVON COLORADO apart from the mark as shown. Post office Box 975 400 Benchmark Road Avon, Colorado 81620 970 - 748 -4000 970- 949 -9139 Fax 970- 845 -7708 TTY Thank you for your attention to this matter. Sincerely yours, Burt Levin Town Attorney 970 - 748 -4087 UNITED STATES DEPARTMENT OF COMMERCE Pate -" ­1 — ldemark Office ADDRESS: Assistant Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202 -3513 Ifno fees are enclosed, the address should include the words "Box Responses -No Fee." Please provide in all correspondence: 1. Filing Date, serial number, mark and Applicant's name. 2. Mailing date of this Office action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and ZIP code. A PROPER RESPONSE TO THIS OFFICE ACTION MUST BE RECEIVED WITHIN 6 MONTHS FROM THE DATE OF THIS ACTION IN ORDER TO AVOID ABANDONMENT. For your convenience and to ensure proper handling of your response, a label has been enclosed. Please attach it to the upper right corner of your response. If the label is not enclosed, print or type the Trademark Law Office No., Serial No., and Mark in the upper right corner of your response. RE: Serial Number: 75/690611 HEART OF THE VALLEY AVON COLORADO AND DESIGN The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. Section 1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual ofExami'ningProcedure (TNVIEP). The assigned examining attorney has reviewed the referenced application and determined the following. The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01. Regarding the identification, clarification is required per Rule 2.33(a)(i)(v). Applicant needs to state the services the applicant is rendering. A service must be performed to the order of, or for the benefit of, someone other than the applicant. Advertising your own activities is not a service. In addition, "stationery" is unacceptable because material that is used by the applicant in conducting internal business, such as business letterhead, is unacceptable as specimens on goods. 75/690611 M Furthermore, the applicant did not classify the services. Following is suggested language and the proper classification. International Class 42 "Town municipal services" in International Class 42. Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification. The applicant must indicate whether the person who signed the application is an officer of the applicant. TNMP section 803.09. If not, the applicant should note the following. If the application was not signed by the applicant or by a person having color of authority to sign, the application is void. 37 C.F.R. Section 2.21(a)(6). To be properly signed, an application must be signed by the applicant, a member of the applicant firm (e.g., a general or active partner of an applicant partnership), or the officer of the applicant corporation or association. Trademark Act Section 1, 15 U.S.C. Section 1051. If the application was not signed by the appropriate person as described above, but the applicant asserts that the person who signed had color of authority to do so, the applicant must submit evidence that the person who signed: (1) had firsthand knowledge of the truth of the statements in the verification or declaration, and (2) had actual or implied authority to act on behalf of the applicant. If the examining attorney determines that the person who signed the application had color of authority, the application will not be deemed void as filed. However, a substitute verification or declaration under 37 C.F.R. Section 2.20, signed by the proper person, must be submitted. 37 C.F.R. Section 2.71(c). The application states that the mark shown on the drawing is lined for colors. Where color is a feature of a mark, the color or colors employed must be designated by means of conventional linings as shown in Rule 2.52. The applicant must delete the color lining statement in the application or submit a correctly lined drawing to resolve this discrepancy. 37 C.F.R. Section 2.52. Note, however, that if color is claimed then new specimens showing those colors are required. The specimens of record show no colors. The applicant must disclaim the geographically descriptive wording "AVON COLORADO" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a). The wording is primarily geographically descriptive because it describes the place where the services originate. The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TNMP section 1213.09(a)(i). A properly worded disclaimer should read as follows: 75/690611 -3- No claim is made to the exclusive right to use AVON COLORADO apart from the mark as shown. See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983). The following is a properly worded declaration under 37 C.F.R. Section 2.20. At the end of the response, the applicant should insert the declaration signed by him. 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 the facts set forth in this application are true; 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) If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. Amy G/earin Trademark Attorney Law Office 107 (703) 308 -9107 ext. 159 Hrs. 8:00 a.m. - 4:00 p.m. Town of Avon P.O. Box 975 Avon, Colorado 81620 (970) 748 -4000 April 19, 1999 Assistant Commissioner for Trademarks Box New App /Fee 2900 Crystal Drive Arlington, VA 22202 -3513 Re: Trademark application — Town of Avon, Colorado To Whom It May Concern: Enclosed please find the Town of Avon's application for trademark protection for its logo. I enclose the complete application and the fee of $245. 1 would appreciate your indicating receipt of this application by returning the enclosed self - addressed and stamped envelope. Thank you for your attention to this matter. Sincerely yours, Burt Levin Town Attorney 970 - 748 -4087 cc: Bill Efting, Town Manager APPLICANT'S NAME: Town of Avon, Colorado APPLICANT'S ADDRESS: P.O. Box 975, Avon, CO 81620 GOODS AND SERVICES: use on stationary, advertising, equiptment, artwork, uniforms FIRST USE: March 22, 1999 FIRST USE IN COMMERCE: March 22, 1999 DESIGN: A picture of mountains, with the words "HEART of the VALLEY ... AVON COLORADO LINING: The mark is lined for colors. APPLICANT'S NAME: Town of Avon, Colorado APPLICANT'S ADDRESS: P.O. Box 975, Avon, CO 81620 GOODS AND SERVICES: use on stationary, advertising, equiptment, artwork, uniforms FIRST USE: March 22, 1999 FIRST USE IN COMMERCE: March 22, 1999 DESIGN: A picture of mountains, with the words "HEART of the VALLEY ... AVON COLORADO LINING: The mark is lined for colors. THE TOWN OF AVON OFFERS EXCELLENT BENEFITS FOR BOTH PART -TIME AND FULL -TIME POSITIONS. CALL 748- 4000-TO FIND OUT MORE. THE FOLLOWING POSITIONS ARE 0 OPEN AT THE TOWN OF AVON: Part -Time Summer Day Camp Instructors = $11.25/hr. Ideal candidate is energetic with a degree in recreation or. sports related; field. CDL is a plus,, or must be willing to obtain. CDL. Positiod- requites . CPR/First Aid. Free use _of the Recreation .Center. Applications/resuines acceptedby mail- Attn: Ron Moreno, Box 975,: Avon;,Colorado.8162Q or, 0 R A 'D 0- "they. can be dropped off at the front desk of the AvonRecreation Center_... Part-Time Aerobics instructors.- $18.75/hr. Mid - morning Step and p.m.;Bozercise: Certification required. Applications- accepted via: mail Attn Ken 'R hoads, :Box -975 Avon; 81120,ksy fax-to 970- 949 - 0.160, or stop by the Rec, Center. . Fitil -Time Lifeguard.:. $20,51Z-26,373h yr Doe. Non- exempt:posttton. _ AND _4 ;Part -Time Lifeguard= $9.15411.25/hr. Doe. FREE TRAINING °MARCH. 29 - APRIL 28.. MONDAYS AND WEDNESDAYS.: 6=9. P.M.'PLUS A-.:. $100 AIRING .BONUS. AFTER 30 DAYS -ON THE JOB. CALL .74.8 -4060. FOR MORE INFORMATION._ - Promotes health, and safety at the Avon Recreation Center indoor pool: facility. Must have and maintain .LGT, First Aid and CPR certifications: Applications accepted.via.;pai1_- A1tn:: JohmCurutchet, Box 973,_! Avon 81620 or by.fax to 970- 949 0160. f_ Part- Time.Water Safety: Instructors - $9.25- $11.25-Doe. _ Must have current American Red Cross. Water-Safety Instructor and. CPR certificates. Applications* accepted-via,mail - Attw John Curutchet, Box -975, Avon 81620 or by fax to 970449 - 0160. You can apply in person at the HR Dept., 400 Benchmark Road, (970) 7484000, TTY (970) 845 -7708. Visit our website at: www.avon.org or e-mail info @avon.org 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 the 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 above identified 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 knowl- edge are true and that all statements made on information d belief believed to be true. DATE SIGNATURE TELEPHONE NUMBER PRINT OR TYPE NAME AND POSITION INSTRUCTIONS AND INFORMATION FOR APPLICANT TO RECEIVE A FILING DATE, THE APPLICATION MUST BE COMPLETED AND SIGNED BY THE APPLICANT AND SUBMITTED ALONG WITH: 1. The prescribed FEE ($245.00) for each class of goods /services listed in the application; 2. A DRAWING PAGE displaying the mark in conformance with 37 CFR 2.52; 3. If the application is based on use of the mark in commerce, THREE (3) SPECIMENS (evidence) of the mark as used in commerce for each class of goods /services listed in the application. All three specimens may be the same. Examples of good specimens include: (a) labels showing the mark which are placed on the goods; (b) photographs of the mark as it appears on the goods, (c) brochures or advertisements showing the mark as used in connection with the services. 4. An APPLICATION WITH DECLARATION (this form) - The application must be signed in order for the application to receive a filing date. Only the following persons may sign the declaration, depending on the applicant's legal entity: (a) the individual applicant; (b) an officer of the corporate applicant; (c) one general partner of a partnership applicant; (d) all joint applicants. SEND APPLICATION FORM, DRAWING PAGE, FEE, AND SPECIMENS (IF APPROPRIATE) TO: Assistant Commissioner for Trademarks Box New App/Fee 2900 Crystal Drive Arlington, VA 22202 -3513 Additional information concerning the requirements for filing an application is available in a booklet entitled Basic Facts About Registering a Trademark, which may be obtained by writing to the above address or by calling: (703) 308 -HELP. This form is estimated to take an average of 1 hour to complete, including time required for reading and understanding instructions, gathering necessary information, recordkeeping, and actually providing the information. Any comments on this form, including the amount of time required to complete this form, should be sent to the Office of Management and Organization, U.S. Patent and Trademark Office, U.S. Department of Commerce, Washington, D.C. 20231. Do NOT send completed forms to this address. 26 ..:......,... _,::..... APPLICANT'S NAME: TWVV -t APPLICANT'S LING ADDRESS: (Display address exactly as it should appear on registration) Individual - Citizen of AV7 ✓r, L-' " t"-, ", ? at -1 Partnership - State where organized (Country, if appropriate): Names and Citizenship (Country) of General Partners: (If known) Corporation - State (Country, if appropriate) of Incorporation: /4 V �" / 4 �� �% �•w "' �� � %1 -� < w' 1� Other (Specify Nature of Entity and Domicile): GOODS'ANDIOR:SER TC S Applicant requests registration of the trademark/service mark shown in the accompanying drawing in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended) for the following goods/services (SPECIFIC GOODS AND /OR SERVICES MUST BE INSERTED HERE): Vie ✓� z7 Ty�1.� i %✓Y1rvr' I 17 1 js: Qg ��+ Cl� Q ( deckbomevi�tcbapply, budseverb0 *t.heliraLA�+iDaeGOndboxes andsuppiyrequestedin #om�adonretatedto each b checked ) Applicant Is using the mark in commerce on or in connection with the above Identified goods/services. (15 U.S.C. 1051(a), as ( amended.) Three specimens showing the mark as used in commerce are submitted with this application. • Date of first use of the mark in commerce which the U.S. Congress may regulate (for example, interstate or between the U.S. and a foreign country): • Specify the type of commerce: l �t �'� (for example, interstate or between the U.S. and a specified foreign country) I✓l�r Zy C`iSS • Date of first use anywhere (the same as or before use in commerce date): yyr s' v ✓ y • Specify manner or mode of use of mark on or in onnection with the ggods/se i .� 7" jpwln pn 6t-� i"- ✓r "6S2iv�Yl/l3 t�✓l jj� t i c 4� (for example, trademark Is applied to labels, service mark is used to advertisements) (] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services. (15 U.S.C. 1051(b), as amended.) • Specify intended manner or mode of use of mark on or in connection with the goods/services: for example, trademark will be applied to labels, service mark will be used in advertisements) (� Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods /services, and asserts a claim of priority based upon a foreign application in accordance with 15 U.S.C. 1126(d), as amended. •Date of foreign filing: • Country of foreign filing: (� Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods /services and, accompanying this application, submits a certification or certified copy of a foreign registration in accordance with 15 U.S.0 1126(e), as amended. • Country of registration: •Registration number: ��?TE• I�e��r�tti+ou, an Re�rer§e �Yde I�ST be Sig>f�e[i ;; . U.S. DEPARTMENT OF COMMERCE/Patent and Trademark Office PTO Form 1478 (REV 6/96) OMB No. 0651 -0009 (Exp. 0812112001) There is no requirement to respond to this collection of information unless a currently valid OMB Number is displayed. 25 REGISTRATION REVIEW REPORT SN: 75/690611 DATE OF REPORT: Aug 10, 1999 PAGE: 1 APPROVED BY: GEARIN, AMY FILING DATE: APR.22,1999 LAW OFFICE 107 FILED ITU: NO CURRENTLY ITU: NO MARK TYPE: Trademark Service Mark REGISTER: Principal MARK: AVON COLORADO HEART OF THE VALLEY OWNER: Town of Avon Colorado (UNKNOWN CODE, CORPORATION) P.O. Box 975 Avon, COLORADO 81620 FOR: stationary INT. CLASS 016 (U.S. CLASS 002,005,022,023,029 037,038 AND 050) FIRST USE MAR.22,1999 USE IN COMMERCE MAR.22,1999 OTHER INFORMATION TO BE PRINTED ON CERTIFICATE: l'lhe Trademark Register - Listing by Number Page 1 of 1 tR THE TRADEMARK R Retrieved Trademark Registrations, Published and Unpublished Pending Applications Serial Number: 75- 690,611 Current Status: Unpublished Trademark Name: AVON COLORADO HEART OF THE VALLEY AND DESIGN Filing Date: April 22, 1999 International Classes: 16, 28, 41. U.S. Classes: 2, 5, 22, 23, 29, 37, 38, 50, 100, 101, 107. Goods and Services: STATIONARY (Int. 16) First use: March 22, 1999 In commerce: March 22, 1999 EQUIPMENT (Int. 28) First use: March 22, 1999 In commerce: March 22, 1999 ADVERTISING (Int. 41) First use: March 22, 1999 In commerce: March 22, 1999 Applicant / Town of Avon Colorado P.O. Box 975 Avon CO 81620 Registrant: Status History of Application Actions: April 30, 1999 630 - pending /live - new application - record initialized not assigned to examiner HOME I BOOK ORDER I SEARCH ( REGISTER USER ID 2100 National Press Building, Washington, DC 20045 Phone: 202 - 347 -2138 Fax: 202 - 347 -4408 e -mail: trademarks(a_)erols.com This page was downloaded on Friday, July 02, 1999 at 17:57:37 ET © 1997, 1998, 1999 The Trademark Register http://www.trademarkregister.com/tmr/owa/publicl.unpubclass 7/2/99