RESPONSE TO OFFICE ACTION

77656389 AMERICA’S MOTORING MUSEUM

ARGUMENT

The Mark is Not Primarily Geographically Descriptive.

The examining attorney refuses registration of applicant The LeMay Museum’s
AMERICA’S MOTORING MUSEUM mark (the “Mark”) on the Principal Register on the basis
that the “applied-for mark is primarily geographically descriptive of the origin of applicant’s
goods and/or services” within the meaning of Trademark Act Section 2(e)(2). In support of
this conclusion, the examining attorney notes that “ ‘AMERICA’S’ in the mark identifies the
United States of America and the services originate in the United States of America.” He
further notes the “addition of ‘MOTORING MUSEUM’ does not remove the geographic nature
of the mark,” as “ ‘MUSEUM’ describes the services” and “ ‘motoring’ means pertaining to
motor cars/automobiles.” Finally, the examining attorney notes that applicant has
disclaimed “AMERICA’S CAR MUSEUM” in a previous registration in support of the
contention that the term “MOTORING MUSEUM” is highly descriptive.

Before proceeding to analyze the examining attorney’s conclusion that Applicant’s
mark is geographically descriptive, it may be useful to briefly restate the test for geographic
descriptiveness. Specifically, a mark will only be considered geographically descriptive
where three elements are satisfied:

(1) the primary significance of the mark is a generally known geographic
place or location;

(2) The goods and/or services for which the applicant seeks registration
originate in the geographic place identified in the mark; and

(3) Purchasers would be likely to make a goods-place or services-place
association.

See TMEP Section 1210.01(a). These elements will be considered in greater detail below.

The Significance of AMERICA’S MOTORING MUSEUM is Not Primarily Geographic

The first element of the geographic descriptiveness test looks to whether a mark’s
“primary significance” is geographic. This element will be resolved in favor of a finding of
geographic descriptiveness only where the mark “identifies a real and significant geographic
location, and the primary meaning of the mark is the geographic meaning.” See TMEP
1210.02. Moreover, to support a refusal to register geographic matter, the Trademark Act
requires that the mark be prl’mar/Yy geographic, that is, that its pr/ma/y significance be that
of a geographic location. 15 U.S.C. §§1052(e)(2) and (3). See, e.g., /n re Wada, 194 F.3d
1297, 52 USPQZd 1539 (Fed. Cir. 1999).

Applicant submits that, under this test, the primary significance of the term
AMERICA’S MOTORING MUSEUM is not geographic. The individual term “AMERICA’S” is
possessive; that is, the term implies ownership (i.e., “This is a motoring museum that
belongs to America”) rather than geographical origin. The connotation of this term therefore
makes it unlikely (if not impossible) that the primary significance of the term AMERICA’S
MOTORING MUSEUM is geographical. Accordingly, Applicant respectfully contends that there
is no primary geographic significance that can or should be attributable to this term.

The fact that the significance of the term AMERICA’S MOTORING MUSEUM is not
primarily geographic is further supported by the fact that the term AMERICA’S appears in the
Mark in connection with two other terms that modify the meaning and connotation of this
term. Taken together, the mark indicates that the primary significance of the term
AMERICA’S MOTORING MUSEUM is not geographical.

Finally, the test relating to whether a mark is “primarily geographic” looks to whether
that mark refers to a “real and significant geographic location.” Here, while “America” is a
real location, it does not refer to any particular place; that is, it could refer to the United
States of America, or to North, South, or Central America—or to all three. In short, there is no
“pinpointed” geographic location at issue here, and the mark therefore cannot properly be
considered to have primary geographic significance. This is discussed in greater detail
below.

Consumers Are Unlikely to Think that the Services Originate From “AMERICA.’I

The second and third elements of the geographical descriptiveness test look to: (1)
whether the relevant services originated in the place identified in the mark; and (2) whether
purchasers would be likely to make a “goods/place” association with the mark. Here,
Applicant’s services originate within the United States of America, which is one portion of the
larger geographical region properly described by the word “America.” As noted above,
however, the term “America” is broad, and covers two entire continents—thus, the fact that
the services originate within one particular part of that geographic region should not be
dispositive. In addition, according to Professor McCarthy, “Not every use of a geographic
term in a mark is necessarily descriptive of territorial origin. The words ‘world’ or ‘globe’ or a
picture of the world are not geographically descriptive because they convey nothing more
than that the goods are of earthly origin.” J. THOMAS MCCARTHY, MCCARTHY’S DESK
ENCYCLOPEDIA OF INTELLECTUAL PROPERTY 188 (2d ed. 1995). By this same token, the
enormity of AMERICA, which consists of North America (the world’s third largest continent
with an estimated population of over 515,000,000), Central America (an area of seven
republics with an estimated population of over 39,000,000), and South America (the fourth
largest continent with a population of over 371,000,00) com ports with Professor McCarthy’s
assertion that a term of great vagueness, such as AMERICA, does not convey the source or
origin of the goods to the consuming public.

The third element (relating to consumers’ association of the services with the
particular geographic region at issue) also requires consideration of the nature of the

_2_
goods/services to be sold under Applicant’s mark in comparison to the geographic location
(potentially) identified by the mark.

It is undisputed that the public associates certain goods or services with particular
geographic locations. For example, a consumer might expect potatoes to originate in Idaho
and certain wines to originate in France. See In re Nantucket; 213 U.S.P.Q. at 890 (elt/ng/n
re Circus Ices, 158 U.S.P.Q. 64 (T.T.A.B. 1968)). However, the geographic meaning of a mark
is frequently unconnected with the goods to be sold under the mark. See National Lead 00.
v. Wolfe, 105 U.S.P.Q. 462 (9th Cir. 1955) (holding that DUTCH is arbitrary in connection
with paint); In re Nantucket; 213 U.S.P.Q. 889 (NANTUCKET is arbitrary as applied to shirts).
Applicant respectfully submits that the facts in the present matter are analogous to those in
In re Nantucket, 213 U.S.P.Q. 889.

In In re Nantucket, the applicant in Nantucket sought to register the NANTUCKET
mark for men’s shirts. The Court of Customs and Patent Appeals in Nantucket noted that
Nantucket, an island south of Massachusetts, is not known for producing shirts and,
therefore, that the public would have no reason to believe that the applicant’s shirts actually
originated from there. /0’. at 894. In fact, the court clearly articulated that: “there is no
evidence of record to support a holding that the mark NANTUCKET as applied to men’s shirts
is ‘deceptively misdescriptive.”’ It continued on to state that “there is no indication that the
purchasing public would expect men’s shirts to have their origin in Nantucket when seen in
the marketplace with NANTUCKET on them. Hence buyers are not likely to be deceived, and
registration cannot be refused on the ground that the mark is ‘primarily geographically
deceptively misdescriptive.”‘ Nantucket, 213 U.S.P.Q. (BNA) at 894. Similarly, here there is
no evidence that “America” represents a geographic area that is specifically known for
automobile or motoring museums. Applicant’s services are not unique to America or any
other geographic location. Moreover, as stated earlier, the possessive nature of the word
“AMERICA’S” in “AMERICA’S MOTORING MUSEUM’l is not meant to denote a collection of cars
built in America or originating from America but rather of cars that have made their mark on
American automotive culture. The Applicant’s stable of cars includes several foreign cars
that originated elsewhere but occupy a well-deserved place in the story of America’s love
affair with the automobile.

Consequently, America, in the strict geographic sense, is unrelated to Applicant’s
services. There is simply no “goods/place” association between Applicant’s mark and
Applicant’s museum services, and Applicant’s “AMERICA’S MOTORING MUSEUM” mark is not
primarily geographically descriptive.

Applicant attaches hereto as ErhibitA active federal references that contain the term
AMERICA, AMERICA’S, and derivatives thereof, to illustrate that these terms are acceptable
for registration on the Principal Register without a showing of secondary meaning or entering
a disclaimer in connection with goods. In the same respect, Applicant submits that the
AMERICA’S MOTORING MUSEUM mark is eligible for registration on the Principal Register in
connection with museum services.

On the basis of the information and arguments submitted above, the refusal to
register Applicant’s mark on the Principal Register on the basis that the AMERICA’S
MOTORING MUSEUM mark is primarily merely geographically descriptive is improper

-3-
because the significance of the AMERICA’S MOTORING MUSEUM mark is not primarily
geographic and consumers are unlikely to think that Applicant’s services originate from
“America.” Applicant therefore respectfully requests that such grounds for refusal be
reconsidered and withdrawn.

llAMERICA’S MOTORING MUSEUM’I is Not Merely Descriptive of the Services Offered by
Applicant.

In the Office Action, the Examining Attorney states that the addition the term
“MOTORING MUSEUM” is “highly descriptive,” as “applicant provides a museum dedicated
to the subject of motoring.” The Examining attorney then notes that Applicant previously
disclaimed the term “‘AMERICA’S CAR MUSEUM’ in registration 2997283 as well as the
descriptive treatment of other ‘AMERICA’S…MUSEUM’ formative marks in the attached third
party registrations.” Thus, the Examining Attorney implies that the term “MOTORING
MUSEUM” is descriptive and should be disclaimed, but stops short of requesting such a
disclaimer. Accordingly, Applicant will address this descriptiveness argument and the
possibility of a disclaimer.

The term “AMERICA’S” is not geographically descriptive in the present case, as has been
set forth in the arguments above. The word “MOTORING” is also not merely descriptive of
Applicant’s goods or services. As used in this mark, the word “MOTORING” is part of a
composite mark that has a unitary character and a disclaimer is not required in such
instances. See TMEP Section 1213.02. The determination of whether a mark has a “unitary”
nature is whether “the elements are so merged together that they cannot be divided to be
regarded as separable elements . . . For example, a descriptive word can be combined with
nondescriptive wording in such a way that the descriptive significance of the word in relation
to the goods is lost and the combination functions as a unit. This happens when the
combination itself has a new meaning.” SeeTMEP Section 1213.05.

Here, the Mark as a whole evokes a distinctly different suggestive significance than the
merely descriptive significance evoked by the words “MOTORING” or “MUSEUM” alone.
“AMERICA’S MOTORING MUSEUM” is a tribute to our automotive heritage, the never-ending
call of the open road, and to our obsession with all things on four wheels. That impression
cannot be perceived from any single component of the mark, but only from the entire mark
as a whole.

CONCLUSION

In light of the foregoing, Applicant respectfully requests that the Examining Attorney
reconsider and withdraw the geographically descriptive refusal and promptly issue a Notice
of Allowance for the AMERICA’S MOTORING MUSEUM mark.
EXHIBIT A
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America’s Professor

Word Mark AMERICA’S PROFESSOR
Goods and IC 041. US 100 101 107. G & S: Educational services in the nature of correspondence schools.
Services FIRST USE: 20060314. FIRST USE IN COMMERCE: 20071107
Standard
Characters
Claimed
Mark Drawing
(4) STANDARD CHARACTER MARK
Code
Trademark
Search Facility NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and
Classification mathematical signs,zodiac signs.prescription marks
Code
Serial Number 78918259
Filing Date June 27, 2006
Current Filing
Basis 1A
Original Filing 1B
Basis
Published for
opposition February 13, 2007

Registration
Number 3624808

Registration May 19, 2009

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Date
Owner (REGISTRANT) America’s Professor, L.L.C. Gerald Evans, Jerry Furniss, Jack Morton. all citizens
of United States of America LIMITED LIABILITY COMPANY MONTANA 1819 Holborn. Suite E
Missoula MONTANA 59801
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead
Indicator LIVE

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AMERICA’S CAR COLLECTI‘ION

Word Mark AMERICA’S CAR COLLECTION
Goods and IC 025. US 022 039. G & S: Clothing. namely, denim shirts, polo shirts, headwear, namely, caps.
Services FIRST USE: 20070904. FIRST USE IN COMMERCE: 20070904

IC 043. US 100 101. G & S: Providing cafe and restaurant services, featuring food and drink.
FIRST USE: 20070804. FIRST USE IN COMMERCE: 20070804
Standard
Characters
Claimed
Mark Drawing
(4) STANDARD CHARACTER MARK
Code
Trademark
Search Facility NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and
Classification mathematical signs,zodiac signs,prescription marks
Code
Serial Number 78978257
Filing Date February 16, 2006
Current Filing
Basis 1A
Original Filing 1B
Basis
Published for
opposition June 19, 2007

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Registration
Number 3416276

Registration .
Date April 22, 2008

Owner (REGISTRANT) WHITWORTH, RALPH INDIVIDUAL UNITED STATES Suite 600 12400 High Bluff
Drive San Diego CALIFORNIA 92130
Attorney of
Record Thomas D. Foster

Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead
Indicator LIVE

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?g”)

S1* *?
VEmR S E E R
– WWink :1
Word Mark AMERICAS FINEST SILVER STAR CASTING COMPANY
Goods and IC 014. US 002 027 028 050. G & S: jewelry and watches made in whole or part of silver. FIRST
Services USE: 19961031. FIRST USE IN COMMERCE: 19961031
Draw'”9 (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search 01.01.10 – Stars, three or more; Three or more stars
Code 01.01.13 – Stars – multiple stars with five points
02.03.24 – Women, stylized, including women depicted in caricature form
02.07.02 – Groups, females
02.09.04 – Humans, including men. women and children, depicted sitting or kneeling; Kneeling,
humans; Sitting, humans
Serial Number 75340369
Filing Date August 13. 1997
Current Filing
1A
Basis
Original Filing
1A
Basis
Published for
June 29, 1999
Opposition
Registration
2278745
Number
Registration Date September 21, 1999
Owner
(REGISTRANT) Burrett. Luke T. DBA Silver Star Casting Company INDIVIDUAL UNITED

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STATES Suite B 1050 Calle Amanecer San Clemente CALIFORNIA 92673

(LAST LISTED OWNER) SILVER STAR DISTRIBUTION COMPANY, INC. CORPORATION
CALIFORNIA 981 CALLE NEGOCIO, SUITE 100 SAN CLEMENTE CALIFORNIA 92673
Assignment ASSIGNMENT RECORDED
Recorded
_ _ _
Attorney of
Record TaWnYa WOJCIeChOWSkl
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “SILVER” or “AMERICA’S” APART
FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20090925.
Renewal 1ST RENEWAL 20090925
Live/Dead
Indicator LIVE

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AMERICA’S CUP
Word Mark
G°°€13 and
serv’ces
AMERICA’S CUP
IC 016. US 002 005 022 023 029 037 038 050. G & 8: Paper; cardboard; printed matter, namely, texts, books,
magazines. pamphlets, brochures. guides and reports all in the ?eld of yacht races; bookbinding material, namely,
tape, wire and cloth; photographs; stationery; adhesives for stationery or household purposes; artists’ materials,
namely, brushes, pastels, pencils, pens, canvases and painting sets; paint brushes; typewriters; of?ce requisites,
namely, typewriter paper, copy paper, envelopes, themed pads of paper, adhesive note pads, notebooks, note
paper, writing paper, scribble pads, binder paper, folder paper, binders, document holders and book covers; printed
instructional and teaching material in the ?eld of sailing, boats, navigation, sailing competitions and sail boat repair
and maintenance; plastic bags and bubble packs for packaging; printers’ type; printing blocks; trading card milk
bottle caps

IC 018. US 001 002 003 022 041. G & S: Leather and imitations of leather sold in bulk; leather and imitation leather
bags, handbags, backpacks, carry-all bags, school bags, sports bags, all-purpose sport and leisure bags, overnight
bags, traveling bags, tote bags, school bags, belt bags, beach bags, suit bags, carry-on bags, luggage, brief-cases,
vanity cases sold empty, toiletry cases sold empty, kit bags of leather or imitation leather, satchels, key cases, credit
card and business card cases, wallets, purses; animal skins and hides; trunks and suitcases; umbrellas, parasols
and walking sticks; whips and saddlery

IC 020. US 002 013 022 025 032 050. G & 8: Furniture, mirrors, picture frames; ornaments, ?gurines and statuary
made of wood, cork. reed, rush, wicker, horn, bone, ivory, whalebone, tortoiseshell, amber, mother-of-pearl,
meerschaum, substitutes of all these materials, or of plastics; plastic name badges, plastic key cards; cushions; seat
cushions; seats for indoor and outdoor use; metal display stands for merchandise; ?xed kitchen towel dispensers not
of metal; non-metal coat hangers; fans for personal use; bookshelves; book stands

IC 025. US 022 039. G & S: Clothing and sportswear, namely, infantwear, infant and toddler one piece clothing,
women’s ceremonial dresses, evening gowns, suits, tuxedos, smoking jackets, loungewear, sleepwear, jackets,
overcoats, underwear, lingerie, socks, hosiery, stockings, tights, t-shirts, shirts, knit shirts, jerseys, tank tops,
singlets, sweaters, shorts, pants, skirts, dresses; gym suits; gym shorts; gymnastic shoes; sports jerseys and
breeches for sports, surfwear; beachwear; wet suits; swimwear, swim trunks, swimsuits; training suits; ski wear;
tennis wear; headwear, hats, caps, headscarves and head bands; footwear; shoes; boat shoes; headwear; bonnets;
scarves; shawls; visors; warm-up suits; sweatshirts; blazers; rainwear; coats; uniforms; neckties; wristbands; gloves;
aprons; cloth bibs; pajamas; suspenders; belts; braces; waterproof jackets and pants; parkas; cleats for attachment
to sports shoes

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IC 029. US 046. G & S: Meat; ?sh cakes; ?sh croquettes; ?sh ?llets; ?sh mousse; poultry; game; meat extracts;
preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs. milk and dairy products excluding
ice cream, ice milk and frozen yogurt; edible oils and fats; potato chips; French fried potatoes; processed nuts; and
cheese

IC 030. US 046. G & S: Coffee, ready to drink coffee, arti?cial coffee, tea, cocoa, sugar, rice, tapioca, sago; ?our;
processed cereals; breakfast cereals; preparations made from cereals, namely, cereal based snack food; bread;
pastries; cakes; cookies; crackers; candies; ice; fruit ices; ?avored ices; ice cream; frozen confections; honey;
treacle syrup; yeast, baking powder; salt; mustard; vinegar, sauces being condiments; spices; and corn chips

IC 032. US 045 046 048. G & S: Beers; ales; mineral and aerated waters; other non-alcoholic drinks, namely, soft
drinks, colas, isotonic drinks, frozen fruit beverages, fruit drinks, carbonated beverages and sports drinks; fruit
beverages; fruitjuices; syrups, powders and concentrates for making beverages

IC 033. US 047 049. G & S: Alcoholic beverages, namely, rum, vodka, Scotch whiskey, brandy, gin, whiskey,
cordials and bourbon whiskey; champagne

IC 036. US 100 101 102. G & S: Insurance undem/riting services for all types of insurance; ?nancial planning and
management; ?nancial analysis and consultation; monetary and ?nancial exchange services; real estate affairs,
namely, real estate appraisal, real estate acquisition services, real estate agencies, real estate brokerage, real
estate consultation, real estate investment, real estate listing, real estate management and real estate time-sharing;
credit card services; issuance of credit cards; travelers check services; banking services; home banking; Internet or
wireless electronic communication banking; online banking; savings and loan services; ?nancial sponsorship of
sporting events; ?nancial information provided by electronic means, via a computer database, via the Internet, via
wireless electronic communication devices and via the Internet; providing on-Iine information in insurance matters by
electronic means, via a computer database, via the Internet, via wireless electronic communication devices and via
the Internet

IC 038. US 100 101 104. G & S: Telecommunication services, namely, local and long distance transmission of
voice. data, graphics by means of telephone, telegraphic, cable, and satellite transmissions; telecommunications,
namely, personal communication services; telecommunications air time brokerage services; providing electronic
telecommunication connections; telecommunications by e-mail; telecommunications gateway services; telephone
telecommunications services provided via prepaid telephone calling cards; communications by mobile phones;
transmission of information via teletypewriter, communications by electronic computer terminals and Internet related
telecommunications networks and wireless electronic communication devices; electronic exchange of data stored in
database information via telecommunications networks; communications by telegraph; communication by telephone;
communications by facsimile; radio-paging; audio and video teleconferencing; television broadcasting; cable
television broadcasting; radio broadcasting; electronic message transmission services; leasing of telephones,
facsimile and other telecommunication equipment; broadcasting of commercial site programs on the Internet or on
wireless electronic communication device; radio and television programming and broadcasting services provided via
the Internet or on wireless electronic communication device; electronic store-and-forward messaging; instant
messaging services; telephone voice messaging services; providing on-line electronic computer bulletin boards for
transmission of messages among computer users concerning sports, sporting events and sports personalities;
providing real-time on-Iine chat forums via a global computer network for transmission of messages among
computer users concerning yacht races; transmission of messages and images via computer; provision of access to
electronic home and of?ce shopping and ordering sites; telecommunication transmission of information including
web pages, computer programs and any other data; electronic mail services; providing multiple-user access to the
Internet or wireless electronic communication. providing telecommunications connections to the Internet or on-Iine
databases; providing access to electronic digital music web sites on the Internet or on wireless electronic
communication device; providing access to electronic MP3 web sites via the Internet or wireless electronic
communication device; broadcasting of radio and television programs related to sports and sporting events;
providing access to chat rooms for the transmission of information through computers concerning yacht races; and
providing electronic telecommunications connections to computer installations

IC 039. US 100 105. G & S: Transport of goods and passengers; packaging articles for transportation; warehouse
storage; travel, excursion and cruise arrangement; travel agency services, namely, organizing trips; travel and tour
ticket reservation services; rental car reservation services; reservations for trips; airline transportation services;
railway transport; bus transport; moving van transport; boat transport; tour conducting, namely, tour boat services
and tour operation services; vehicle rental services; taxi services; global transportation of freight for others by all
available means; electricity distribution; distribution of energy; gas supplying; heat supplying; public utility services in
the nature of water distribution; postal services, namely. parcel delivery, packaging articles for transportation, rental
of mail boxes; courier services; messenger services; correspondence delivery by post and/or messenger; delivery of
newspapers; delivery of magazines and books by truck, train, and air; warehousing services

IC 040. US 100 103 106. G & 8: Treatment of materials, namely, treatment of metal, paper treatment and chemical
treatment of textiles; ?lm developing for movie ?lm; photographic enlarging; photographic printing; photographic ?lm
developing; printing services; destruction of waste; waste management services; and tailoring services

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IC 042. US 100 101. G & S: Scienti?c and technological services and research and design relating to sailing, boats,
navigation, sailing competitions, and sailboat repair and maintenance; technology consultation and research
services in the ?eld of sailing, boats, navigation, sailing competitions, and sailboat repair and maintenance; industrial
analysis and research services, namely. product research and development; computer hardware and software
design and development; legal services; computer services, namely, providing search engines for obtaining data on
a global computer network; leasing of computer programs; leasing of computers; consulting services in the ?eld of
design, selection, implementation and use of computer hardware and software systems for others; development of
data processing programs by order of third parties; computer software design services for others; licensing of
intellectual property, namely. licensing of rights of ?lm and video and recordings of sound and images, as well as
interactive CDs, CD ROMs, computer programs and computer games; design, creation, hosting, maintenance of
Web sites or sites on wireless electronic communication devices for others; installation and maintenance of
computer software; installation and maintenance of computer software
Standard
Characters
Claimed
Mark Drawing
(4) STANDARD CHARACTER MARK
Code
Serial
Number 79003050

Filing Date February 18, 2004
Current Filing
Basis 66A
Original Filing
Basis 66A
Published for
Opposition
May 16, 2006
Registration
3127021
Number
International
Registration 0826392A
Number
Registration
Date August 8, 2006

Owner (REGISTRANT) America’s Cup Properties Inc. UNKNOWN c/o Corporation Service Company 80 State Street US-
12207 Albany/New York UNITED STATES
Attorney of
James R. Menker
Record
Priority Date August 20, 2003
Prior . .
Registrations 1077615,2669515,AND OTHERS

Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead
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AMERICA’S ONLY
FIVE STAR DIET
Word Mark AMERICA’S ONLY FIVE STAR DIET
Goods and Services IC 039. US 100 105. G & 8: Food Delivery Services. FIRST USE: 20050101. FIRST USE IN
COMMERCE: 20050101
Standard Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78594848
Filing Date March 24, 2005
Current Filing Basis 1A
Original Filing Basis 18
Published for
opposition December 27, 2005

Registration Number 3128091
Registration Date August 8, 2006
Owner (REGISTRANT) ZoneChefs, L‘L.C LIMITED LIABILITY COMPANY NEW YORK 8608 Foster
Avenue Brooklyn NEW YORK 11236

(LAST LISTED OWNER) CHEFS DIET ACQUISITION CORP. CORPORATION DELAWARE
55 WOODBINE AVENUE LARCHMONT NEW YORK 10538
Assignment ASSIGNMENT RECORDED
Recorded
Attorney of Record Michael Utilla.

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Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE AMERICA APART FROM THE
MARK AS SHOWN
Type of Mark SERVICE MARK
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AMERICA’S LEGACY

Word Mark AMERICA’S LEGACY
Goods and lC 025. US 022 039. G & S: Clothing for men, women, and children, namely, t-shirts, sweatshirts,
Services underwear, pajamas, robes, and headwear. FIRST USE: 20080115. FIRST USE IN COMMERCE:
20090105
Standard
Characters
Claimed
Mark Drawing
Code (4) STANDARD CHARACTER MARK
Trademark
Search Facility NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters.punctuation and
Classification mathematical signs,zodiac signs,prescription marks
Code
Serial Number 78753201
Filing Date November 14, 2005
Current Filing
Basis 1A
Original Filing 1B
Basis
Published for
Opposition November 6, 2007

Registration
Number 3633207

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Registration
Date June 2, 2009
Owner (REGISTRANT) The US. Secret Service Uniformed Division Bene?t Fund non-pro?t organization
D.C. c/o Mr. Tom Muldoon 529 14th Street, NW. Washington D.C. 20045
Attorney of .
Record Peter M. EIchler, Esq.

Type of Mark TRADEMARK
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