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NOTICE OF ABANDONMENT
MAILING DATE: May 4, 2010

The trademark application identified below was abandoned because Applicant's letter of express abandonment was received on Mar 12, 2010.

SERIAL NUMBER: 76214968 MARK: SOHMER OWNER: PERSIS INTERNATIONAL, INC. Side - 2
UNITED STATES PATENT AND TRADEMARK OFFICE COMMISSIONER FOR TRADEMARKS P.O. BOX 1451 ALEXANDRIA, VA 22313-1451

FIRST-CLASS MAIL U.S POSTAGE PAID

Persis International, Inc. 2647 N. Western Ave. #8030 Chicago , IL 60647

Trademark Snap Shot Amendment & Mail Processing Stylesheet


(Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW
SERIAL NUMBER REG NUMBER REGISTER INTL REG # TM ATTORNEY 76214968 0000000 PRINCIPAL N/A OH, WON TEAK FILING DATE REG DATE MARK TYPE INTL REG DATE L.O. ASSIGNED 02/23/2001 N/A TRADEMARK N/A 114

PUB INFORMATION
RUN DATE PUB DATE STATUS STATUS DATE LITERAL MARK ELEMENT DATE ABANDONED SECTION 2F SECTION 8 SECTION 15 RENEWAL FILED DATE AMEND REG 04/27/2010 06/22/2004 641-NON-FINAL ACTION - MAILED 01/20/2010 SOHMER N/A YES NO NO NO 10/25/2002 DATE CANCELLED SECTION 2F IN PART SECTION 8 IN PART REPUB 12C RENEWAL DATE N/A NO NO N/A N/A

FILING BASIS
FILED BASIS 1 (a) 1 (b) 44D 44E 66A NO BASIS NO YES NO NO NO NO 1 (a) 1 (b) 44D 44E 66A NO BASIS CURRENT BASIS NO YES NO NO NO NO 1 (a) 1 (b) 44D 44E AMENDED BASIS NO NO NO NO

MARK DATA
STANDARD CHARACTER MARK LITERAL MARK ELEMENT NO SOHMER

MARK DRAWING CODE COLOR DRAWING FLAG

1-TYPESET WORD(S)/LETTER(S)/NUMBER(S) NO

CURRENT OWNER INFORMATION


PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP 22-SUBSEQUENT OWNER AFTER REGISTRATION PERSIS INTERNATIONAL, INC. 2647 N. WESTERN AVE. #8030 CHICAGO, IL 60647 03-CORPORATION Nevada

GOODS AND SERVICES


INTERNATIONAL CLASS DESCRIPTION TEXT 015 MUSICAL INSTRUMENTS, NAMELY, PIANOS

GOODS AND SERVICES CLASSIFICATION


INTERNATIONAL 015 CLASS FIRST USE DATE NONE FIRST USE NONE IN COMMERCE DATE CLASS STATUS 6-ACTIVE

MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO

PROSECUTION HISTORY
DATE 03/12/2010 04/10/2010 03/25/2010 03/22/2010 03/21/2010 03/12/2010 03/12/2010 01/20/2010 01/20/2010 01/20/2010 ENT CD LOAP CHAN ALIE ALIE ALIE FAXX FAXX GNRN GNRT CNRT ENT TYPE I I A A A I I O O R DESCRIPTION LETTER OF ABANDONMENT PROCESSED APPLICANT/CORRESPONDENCE CHANGES (NONRESPONSIVE) ENTERED ASSIGNED TO LIE ASSIGNED TO LIE ASSIGNED TO LIE FAX RECEIVED FAX RECEIVED NOTIFICATION OF NON-FINAL ACTION E-MAILED NON-FINAL ACTION E-MAILED NON-FINAL ACTION WRITTEN ENT NUM 056 055 054 053 052 051 050 049 048 047

01/20/2010 01/09/2010 01/09/2010 01/09/2010 01/09/2010 01/07/2010 01/07/2010 01/06/2010 04/27/2009 04/27/2009 03/25/2009 12/09/2003 12/09/2004 10/28/2004 07/19/2004 06/22/2004 06/02/2004 04/06/2004 02/05/2004 10/27/2003 01/15/2004 02/05/2004 01/16/2004 12/01/2003 08/12/2003 08/12/2003 07/30/2003 07/03/2003 07/03/2003 06/12/2003 06/02/2003 06/18/2003 06/02/2003 01/07/2003 11/20/2002 11/19/2002 11/16/2002

ZZAX JURT TMBN OP.T OP.D ARAA REAP ASGN ARAA REAP ASGN MAIL MAIL OP.I ETOF PUBO NPUB CNSA CRFA CRFA CRFA FAXX EMRV RECD JURT EXPI EXAF CRFA MAIL CRFA CRFA CFIT MAIL CNFR DOCK DOCK DOCK

Z T T T T I I I I I I I I T T A O P I I I I E O T T T I I I I O I O D D D

PREVIOUS ALLOWANCE WITHDRAWN-TIMELY AAU JURISDICTION RESTORED TO EXAMINING ATTORNEY TTAB RELEASE CASE TO TRADEMARKS OPPOSITION TERMINATED NO. 999999 OPPOSITION DISMISSED NO. 999999 ATTORNEY REVOKED AND/OR APPOINTED TEAS REVOKE/APPOINT ATTORNEY RECEIVED AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP ATTORNEY REVOKED AND/OR APPOINTED TEAS REVOKE/APPOINT ATTORNEY RECEIVED AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP PAPER RECEIVED PAPER RECEIVED OPPOSITION INSTITUTED NO. 999999 EXTENSION OF TIME TO OPPOSE RECEIVED PUBLISHED FOR OPPOSITION NOTICE OF PUBLICATION APPROVED FOR PUB - PRINCIPAL REGISTER CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE FAX RECEIVED EMAIL RECEIVED ACTION DENYING REQ FOR RECON MAILED JURISDICTION RESTORED TO EXAMINING ATTORNEY EX PARTE APPEAL-INSTITUTED EXPARTE APPEAL RECEIVED AT TTAB CORRESPONDENCE RECEIVED IN LAW OFFICE PAPER RECEIVED CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE CASE FILE IN TICRS PAPER RECEIVED FINAL REFUSAL MAILED ASSIGNED TO EXAMINER ASSIGNED TO EXAMINER ASSIGNED TO EXAMINER

046 045 044 043 042 041 040 039 038 037 036 035 034 033 032 031 030 029 028 027 026 025 024 023 022 021 020 019 018 017 016 015 014 013 012 011 010

10/25/2002 10/25/2002 01/29/2002 02/20/2002 02/01/2002 11/08/2001 11/26/2001 05/08/2001 05/03/2001

CRFA MAIL CRFA CNSL DOCK CRFA CRFA CNRT DOCK

I I I S D I I F D

CORRESPONDENCE RECEIVED IN LAW OFFICE PAPER RECEIVED CORRESPONDENCE RECEIVED IN LAW OFFICE LETTER OF SUSPENSION MAILED ASSIGNED TO EXAMINER CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE NON-FINAL ACTION MAILED ASSIGNED TO EXAMINER

009 008 007 006 005 004 003 002 001

CURRENT CORRESPONDENCE INFORMATION


ATTORNEY CORRESPONDENCE ADDRESS NONE Persis International, Inc. 2647 N. Western Ave. #8030 Chicago IL 60647 NONE

DOMESTIC REPRESENTATIVE

PRIOR OWNER INFORMATION


PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP 21-SUBSEQUENT OWNER AFTER REGISTRATION SAMICK MUSIC CORPORATION 1329 GATEWAY DRIVE GALLATIN, TN 37066 03-CORPORATION California 20-OWNER AT PUBLICATION BURGETT, INC. 4111 NORTH FREEWAY BOULEVARD SACRAMENTO, CA 95834 03-CORPORATION California 10-ORIGINAL APPLICANT BURGETT, INC. 4111 NORTH FREEWAY BOULEVARD SACRAMENTO, CA 95834 03-CORPORATION California

Trademark Snap Shot Amendment & Mail Processing Stylesheet


(Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW
SERIAL NUMBER REG NUMBER REGISTER INTL REG # TM ATTORNEY 76214968 0000000 PRINCIPAL N/A OH, WON TEAK FILING DATE REG DATE MARK TYPE INTL REG DATE L.O. ASSIGNED 02/23/2001 N/A TRADEMARK N/A 114

PUB INFORMATION
RUN DATE PUB DATE STATUS STATUS DATE LITERAL MARK ELEMENT DATE ABANDONED SECTION 2F SECTION 8 SECTION 15 RENEWAL FILED DATE AMEND REG 04/13/2010 06/22/2004 641-NON-FINAL ACTION - MAILED 01/20/2010 SOHMER N/A YES NO NO NO 10/25/2002 DATE CANCELLED SECTION 2F IN PART SECTION 8 IN PART REPUB 12C RENEWAL DATE N/A NO NO N/A N/A

FILING BASIS
FILED BASIS 1 (a) 1 (b) 44D 44E 66A NO BASIS NO YES NO NO NO NO 1 (a) 1 (b) 44D 44E 66A NO BASIS CURRENT BASIS NO YES NO NO NO NO 1 (a) 1 (b) 44D 44E AMENDED BASIS NO NO NO NO

MARK DATA
STANDARD CHARACTER MARK LITERAL MARK ELEMENT NO SOHMER

MARK DRAWING CODE COLOR DRAWING FLAG

1-TYPESET WORD(S)/LETTER(S)/NUMBER(S) NO

CURRENT OWNER INFORMATION


PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP 22-SUBSEQUENT OWNER AFTER REGISTRATION PERSIS INTERNATIONAL, INC. 2647 N. WESTERN AVE. #8030 CHICAGO, IL 60647 03-CORPORATION Nevada

GOODS AND SERVICES


INTERNATIONAL CLASS DESCRIPTION TEXT 015 MUSICAL INSTRUMENTS, NAMELY, PIANOS

GOODS AND SERVICES CLASSIFICATION


INTERNATIONAL 015 CLASS FIRST USE DATE NONE FIRST USE NONE IN COMMERCE DATE CLASS STATUS 6-ACTIVE

MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION NO

PROSECUTION HISTORY
DATE 04/10/2010 03/25/2010 03/22/2010 03/21/2010 03/12/2010 03/12/2010 01/20/2010 01/20/2010 01/20/2010 01/20/2010 ENT CD CHAN ALIE ALIE ALIE FAXX FAXX GNRN GNRT CNRT ZZAX ENT TYPE I A A A I I O O R Z DESCRIPTION APPLICANT/CORRESPONDENCE CHANGES (NONRESPONSIVE) ENTERED ASSIGNED TO LIE ASSIGNED TO LIE ASSIGNED TO LIE FAX RECEIVED FAX RECEIVED NOTIFICATION OF NON-FINAL ACTION E-MAILED NON-FINAL ACTION E-MAILED NON-FINAL ACTION WRITTEN PREVIOUS ALLOWANCE WITHDRAWN-TIMELY AAU ENT NUM 055 054 053 052 051 050 049 048 047 046

01/09/2010 01/09/2010 01/09/2010 01/09/2010 01/07/2010 01/07/2010 01/06/2010 04/27/2009 04/27/2009 03/25/2009 12/09/2003 12/09/2004 10/28/2004 07/19/2004 06/22/2004 06/02/2004 04/06/2004 02/05/2004 10/27/2003 01/15/2004 02/05/2004 01/16/2004 12/01/2003 08/12/2003 08/12/2003 07/30/2003 07/03/2003 07/03/2003 06/12/2003 06/02/2003 06/18/2003 06/02/2003 01/07/2003 11/20/2002 11/19/2002 11/16/2002 10/25/2002

JURT TMBN OP.T OP.D ARAA REAP ASGN ARAA REAP ASGN MAIL MAIL OP.I ETOF PUBO NPUB CNSA CRFA CRFA CRFA FAXX EMRV RECD JURT EXPI EXAF CRFA MAIL CRFA CRFA CFIT MAIL CNFR DOCK DOCK DOCK CRFA

T T T T I I I I I I I I T T A O P I I I I E O T T T I I I I O I O D D D I

JURISDICTION RESTORED TO EXAMINING ATTORNEY TTAB RELEASE CASE TO TRADEMARKS OPPOSITION TERMINATED NO. 999999 OPPOSITION DISMISSED NO. 999999 ATTORNEY REVOKED AND/OR APPOINTED TEAS REVOKE/APPOINT ATTORNEY RECEIVED AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP ATTORNEY REVOKED AND/OR APPOINTED TEAS REVOKE/APPOINT ATTORNEY RECEIVED AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP PAPER RECEIVED PAPER RECEIVED OPPOSITION INSTITUTED NO. 999999 EXTENSION OF TIME TO OPPOSE RECEIVED PUBLISHED FOR OPPOSITION NOTICE OF PUBLICATION APPROVED FOR PUB - PRINCIPAL REGISTER CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE FAX RECEIVED EMAIL RECEIVED ACTION DENYING REQ FOR RECON MAILED JURISDICTION RESTORED TO EXAMINING ATTORNEY EX PARTE APPEAL-INSTITUTED EXPARTE APPEAL RECEIVED AT TTAB CORRESPONDENCE RECEIVED IN LAW OFFICE PAPER RECEIVED CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE CASE FILE IN TICRS PAPER RECEIVED FINAL REFUSAL MAILED ASSIGNED TO EXAMINER ASSIGNED TO EXAMINER ASSIGNED TO EXAMINER CORRESPONDENCE RECEIVED IN LAW OFFICE

045 044 043 042 041 040 039 038 037 036 035 034 033 032 031 030 029 028 027 026 025 024 023 022 021 020 019 018 017 016 015 014 013 012 011 010 009

10/25/2002 01/29/2002 02/20/2002 02/01/2002 11/08/2001 11/26/2001 05/08/2001 05/03/2001

MAIL CRFA CNSL DOCK CRFA CRFA CNRT DOCK

I I S D I I F D

PAPER RECEIVED CORRESPONDENCE RECEIVED IN LAW OFFICE LETTER OF SUSPENSION MAILED ASSIGNED TO EXAMINER CORRESPONDENCE RECEIVED IN LAW OFFICE CORRESPONDENCE RECEIVED IN LAW OFFICE NON-FINAL ACTION MAILED ASSIGNED TO EXAMINER

008 007 006 005 004 003 002 001

CURRENT CORRESPONDENCE INFORMATION


ATTORNEY CORRESPONDENCE ADDRESS NONE Persis International, Inc. 2647 N. Western Ave. #8030 Chicago IL 60647 NONE

DOMESTIC REPRESENTATIVE

PRIOR OWNER INFORMATION


PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP 21-SUBSEQUENT OWNER AFTER REGISTRATION SAMICK MUSIC CORPORATION 1329 GATEWAY DRIVE GALLATIN, TN 37066 03-CORPORATION California 20-OWNER AT PUBLICATION BURGETT, INC. 4111 NORTH FREEWAY BOULEVARD SACRAMENTO, CA 95834 03-CORPORATION California 10-ORIGINAL APPLICANT BURGETT, INC. 4111 NORTH FREEWAY BOULEVARD SACRAMENTO, CA 95834 03-CORPORATION California

To: Subject: Sent: Sent As: Attachments:

PERSIS INTERNATIONAL, INC. (edwardrichards@juno.com) U.S. TRADEMARK APPLICATION NO. 76214968 - SOHMER - N/A 1/20/2010 7:55:39 AM ECOM114@USPTO.GOV

UNITED STATES PATENT AND TRADEMARK OFFICE


SERIAL NO: MARK: SOHMER CORRESPONDENT ADDRESS: Persis International, Inc. 2647 N. Western Ave. #8030 Chicago IL 60647 76/214968

*76214968*
RESPOND TO THIS ACTION: http://www.uspto.gov/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION:

http://www.uspto.gov/main/trademarks.htm
APPLICANT: INC. PERSIS INTERNATIONAL,

CORRESPONDENTS REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS: edwardrichards@juno.com

OFFICE ACTION
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE. ISSUE/MAILING DATE: 1/20/2010

The amendment to allege use 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. The mark on the specimen disagrees with the mark on the drawing. In this case, the specimen displays the mark as SOHMER & CO.; and the drawing shows the mark as SOHMER.

An amendment to allege use must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or services specified in the amendment to allege use. Trademark Act Sections 1 and 45, 15 U.S.C. 1051, 1127; 37 C.F.R. 2.56(a), 2.76(b)(2); TMEP 904, 1104.09(e). The mark on the drawing must be a substantially exact representation of the mark on the specimen. 37 C.F.R. 2.51(b); TMEP 807.12(a); see 37 C.F.R. 2.72(b)(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), (b)(2); see TMEP 807.12(a), 807.14 et seq. Therefore, applicant must submit one of the following: (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(b)(2); TMEP 807.13(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.[with a disclaimer of CO. explained below ]; 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 prior to the filing of the amendment to allege use. See 37 C.F.R. 2.59(b)(1), 2.193(e)(1); TMEP 807.12(a), 1104.09(e). 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 withdraw the amendment to allege use and assert use at a later date when appropriate specimens are available. See 37 C.F.R. 2.76(h). The fee for the amendment to allege use will not be refunded. TMEP 1104.10. However, if applicant withdraws the amendment to allege use, registration will not be granted until applicant 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. 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. 2.56(a), 2.76(b)(2); TMEP 904, 904.07(a). DISCLAIMER REQUIRED: Terms such as Corporation, Inc. and Ltd. must be disclaimed because they merely specify applicants entity type and do not function as a trademark or service mark to indicate source. TMEP 1213.03(d); see, e.g., In re Patent & Trademark Servs., Inc., 49 USPQ2d 1537, 1539-40 (TTAB 1998); In re The Paint Prods. Co., 8 USPQ2d 1863, 1866 (TTAB 1988). A disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing. A properly worded disclaimer should read as follows: No claim is made to the exclusive right to use CO. apart from the mark as shown.

/Won T. Oh/ Law Office 114 email: won.oh@uspto.gov (571) 272-9204 Fax: (571) 273 9114

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: Subject: Sent: Sent As: Attachments:

PERSIS INTERNATIONAL, INC. (edwardrichards@juno.com) U.S. TRADEMARK APPLICATION NO. 76214968 - SOHMER - N/A 1/20/2010 7:55:41 AM ECOM114@USPTO.GOV

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION


Your trademark application (Serial No. 76214968) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office (USPTO) has written a letter (an Office action) on 1/20/2010 to which you must respond (unless the Office letter specifically states that no response is required). Please follow these steps:

1. Read the Office letter by clicking on this link http://tmportal.uspto.gov/external/portal/tow?DDA=Y&serial_number=76214968&doc_type=OOA&mail_date= OR go to http://tmportal.uspto.gov/external/portal/tow and enter your serial number to access the Office letter. If you have difficulty accessing the Office letter, contact TDR@uspto.gov. PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this 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 1/20/2010 (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.

PTO Form 2196 (Rev 9/2005) OMB No. 0651-0056 (Exp 09/30/2011)

Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative


The table below presents the data as entered.
Input Field SERIAL NUMBER LAW OFFICE ASSIGNED MARK SECTION
MARK

Entered 76214968 LAW OFFICE 114

SOHMER

ATTORNEY SECTION Daniel M. Cislo Cislo & Thomas LLP 09-22389 1333 2nd Street Suite 500 Santa Monica California (CA) 90401-1211 United States (USX) 310-451-0647 310-394-4477 By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above.

ORIGINAL ADDRESS

STATEMENT TEXT

NEW CORRESPONDENCE ADDRESS


NAME STREET CITY STATE COUNTRY POSTAL/ZIP CODE EMAIL AUTHORIZED TO COMMUNICATE VIA E-MAIL

Persis International, Inc. 2647 N. Western Ave. #8030 Chicago Illinois United States 60647 edwardrichards@juno.com YES

SIGNATURE SECTION

SIGNATURE SIGNATORY NAME SIGNATORY DATE SIGNATORY POSITION

/Edward F. Richards/ Edward F. Richards 01/07/2010 President

FILING INFORMATION SECTION


SUBMIT DATE

Thu Jan 07 16:06:47 EST 2010 USPTO/RAA-98.226.8.174-20 100107160647742835-762149 68-460499d73db46823e6572d 86050ddf8d33e-N/A-N/A-201 00107155621678089

TEAS STAMP

PTO Form 2196 (Rev 9/2005) OMB No. 0651-0056 (Exp 09/30/2011)

Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative


To the Commissioner for Trademarks: MARK: SOHMER SERIAL NUMBER: 76214968 The original attorney Daniel M. Cislo Cislo & Thomas LLP 09-22389 1333 2nd Street Suite 500 Santa Monica California 90401-1211 United States 310-451-0647 310-394-4477 By submission of this request, the undersigned REVOKES the power of attorney currently of record, as listed above. Original Correspondence Address : Daniel M. Cislo Cislo & Thomas LLP 1333 2nd Street Suite 500 Santa Monica California 90401-1211 United States 310-451-0647 310-394-4477 The following is to be used as the correspondence address: Persis International, Inc. 2647 N. Western Ave. #8030 Chicago, Illinois 60647 United States edwardrichards@juno.com

Signature: /Edward F. Richards/ Date: 01/07/2010 Signatory's Name: Edward F. Richards Signatory's Position: President Serial Number: 76214968 Internet Transmission Date: Thu Jan 07 16:06:47 EST 2010 TEAS Stamp: USPTO/RAA-98.226.8.174-20100107160647742

835-76214968-460499d73db46823e6572d86050 ddf8d33e-N/A-N/A-20100107155621678089

PTO Form 2196 (Rev 9/2005) OMB No. 0651-0056 (Exp 09/30/2011)

Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative


The table below presents the data as entered.
Input Field SERIAL NUMBER LAW OFFICE ASSIGNED ATTORNEY DOCKET NUMBER 76214968 Entered

LAW OFFICE 114

09-22389

MARK SECTION
MARK

SOHMER

ATTORNEY SECTION Daniel M. Cislo Cislo & Thomas LLP BUR1012.53C 1333 2nd Street Suite 500 Santa Monica, CA 90401-4110

ORIGINAL ADDRESS

CORRESPONDENCE SECTION Daniel M. Cislo Cislo & Thomas LLP BUR1012.53C 1333 2nd Street Suite 500 Santa Monica, CA 90401-4110 Kelly W. Cunningham; David B. Sandelands; Mark D. Nielsen; Sarah A. Brown; Peter S. Veregge; Sean D. OBrien; Kristin B. Kosinski; C. Wook Pak; Aaron Fong

ORIGINAL ADDRESS

NEW OTHER APPOINTED ATTORNEYS

NEW ATTORNEY ADDRESS


STATEMENT TEXT NAME

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. Daniel M. Cislo

FIRM NAME STREET CITY STATE COUNTRY POSTAL/ZIP CODE PHONE FAX ATTORNEY DOCKET NUMBER

Cislo & Thomas LLP 1333 2nd Street, Suite 500 Santa Monica California United States 90401 310-451-0647 310-394-4477 09-22389

NEW CORRESPONDENCE ADDRESS


NAME FIRM NAME STREET CITY STATE COUNTRY POSTAL/ZIP CODE PHONE FAX

Daniel M. Cislo Cislo & Thomas LLP 1333 2nd Street, Suite 500 Santa Monica California United States 90401 310-451-0647 310-394-4477

SIGNATURE SECTION
SIGNATORY FILE SIGNATORY NAME SIGNATORY POSITION

\\TICRS\EXPORT6\IMAGEOUT6\762\149\76214968\xml1\RAA0002.JPG \Baik Lee\ CEO

FILING INFORMATION SECTION


SUBMIT DATE

Mon Apr 27 18:51:58 EDT 2009 USPTO/RAA-66.80.83.18-200 90427185158030871-7621496 8-40036dbce389eb624b1985a

TEAS STAMP

9486de6d599-N/A-N/A-20090 427184425420675

PTO Form 2196 (Rev 9/2005) OMB No. 0651-0056 (Exp 09/30/2011)

Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative


To the Commissioner for Trademarks: MARK: SOHMER SERIAL NUMBER: 76214968 ATTORNEY DOCKET NUMBER 09-22389 The original attorney Daniel M. Cislo Cislo & Thomas LLP BUR1012.53C 1333 2nd Street Suite 500 Santa Monica, CA 90401-4110 Original Correspondence Address : Daniel M. Cislo Cislo & Thomas LLP 1333 2nd Street Suite 500 Santa Monica, CA 90401-4110

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. In addition, any additional previouslyappointed attorneys that are currently listed in the application are replaced with the new "Other Appointed Attorneys" listed below. Newly Appointed Attorney: Daniel M. Cislo Cislo & Thomas LLP 1333 2nd Street, Suite 500 Santa Monica, California 90401 United States 310-451-0647 310-394-4477 Other Appointed Attorneys: Kelly W. Cunningham; David B. Sandelands; Mark D. Nielsen; Sarah A. Brown; Peter S. Veregge; Sean D. OBrien; Kristin B. Kosinski; C. Wook Pak; Aaron Fong The following is to be used as the correspondence address: Daniel M. Cislo Cislo & Thomas LLP 1333 2nd Street, Suite 500

Santa Monica, California 90401 United States 310-451-0647 310-394-4477

Signatory File Signature Signatory's Name: \Baik Lee\ Signatory's Position: CEO Serial Number: 76214968 Internet Transmission Date: Mon Apr 27 18:51:58 EDT 2009 TEAS Stamp: USPTO/RAA-66.80.83.18-200904271851580308 71-76214968-40036dbce389eb624b1985a9486d e6d599-N/A-N/A-20090427184425420675

Commissioner for Trademarks 2900 Crystal Drive Arlington , VA 22202-3514 www.uspto.gov

Jun 2, 2004

NOTICE OF PUBLICATION UNDER 12(a)


1. Serial No.: 76/214,968 3. International Class(es): 15 4. Publication Date: Jun 22, 2004 5. Applicant: BURGETT, INC. 2. Mark: SOHMER

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 notice of allowance pursuant to section 13(b) of the Statute. Copies of the trademark portion of the Official Gazette containing the publication of the mark may be obtained 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.

Correspondence Address: JOHN P. O'BANION O'BANION & RITCHEY LLP 400 CAPITOL MALL, SUITE 1550 SACRAMENTO CA 95814-4498 TMP&I

From: To: Subject: Received: Attachments:

sls@intellectual.com (sls@intellectual.com)

ECom114 ( EX:/O=USPTO/OU=USPTO/CN=RECIPIENTS/CN=ECOM11451C2E22751C2E22751 Attn: Examiner Won Oh---76/214,968 SOHMER 1/15/04 6:01:07 PM

Dear Examiner Oh: Thank you for your recent telephone call regarding this application to John O'Banion of the firm indicating the need for additional submissions. Because some of the use is by "related companies" I wanted to make sure the following language is acceptable: "3. The mark SOHMER has become distinctive for musical instruments, namely pianos, through the substantially exclusive and continuous use of the mark in commerce by the Applicant and related companies for at least five years before the date of this statement." Please let me know if this is acceptable or if different language is needed. Thank you. Steven L. Smith, Esq. O'BANION & RITCHEY LLP 400 Capitol Mall, Suite 1550 Sacramento, CA 95814 Ph: (916) 498-1010 Fax: (916) 498-1074 ================================================= CONFIDENTIALITY NOTICE: Email may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, by forwarding this e-mail to jpo@intellectual.com or contacting us by telephone at (916) 498-1010, and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.

UNITED STATES PATENT AND TRADEMARK OFFICE


SERIAL NO: 76/214968 APPLICANT: BURGETT, INC. RETURN ADDRESS:
Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514

CORRESPONDENT ADDRESS: JOHN P. O'BANION O'BANION & RITCHEY LLP 400 CAPITOL MALL, SUITE 1550 SACRAMENTO CA 95814-4498

ecom114@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee."

MARK:

SOHMER
Please provide in all correspondence: 1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and email address.

CORRESPONDENTS REFERENCE/DOCKET NO : BUR1012.53C CORRESPONDENT EMAIL ADDRESS:

Serial Number 76/214968 Applicant is requesting reconsideration of a final refusal dated January 7, 2003. After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue. Applicant argues that the surname refusal should be withdrawn because it was able to show acquired distinctiveness through the ownership of an incontestable prior registration and through the acquisition of the trademark rights from its predecessors in interest. The examining attorney is not persuaded by the applicants arguments. Applicants reliance on its ownership of U.S. Registration 0137464 is misplaced. Applicant may not make a claim of acquired distinctiveness because the prior registration was not for the same mark. The applicant may only make a claim of acquired distinctiveness based on a prior mark that is the legal equivalent of the current mark. TMEP 1212.04(b) Applicants prior registration included a shield and piano design that encompassed the wording SOHMER. This prior registration is not the legal equivalent of applicants mark because it contains other material matter that generates a different commercial impression. This prior registration is also different because the additional design elements obviated any potential surname refusal issues. The second reason that reliance on this prior registration is misplaced is because the registration must be full force and effect on the Principal Register and may not be cancelled or expired. See In re BankAmerica Corp., 229 USPQ 852, 853 (TTAB 1986). The timeliness issue is not whether there was overlap between the filing of the initial application and viability of the prior registration, but whether the prior registration is in full force and effect at the time of showing of acquired distinctiveness. Clearly that is not the case here. Applicant also seems to imply that its acquisition of the

rights from the previous users long use of the mark is sufficient for showing of acquired distinctiveness. However applicant has actually never entered neither the proper statement for a prima facie case of acquired distinctiveness or the supporting declaration. Applicant has not submitted a statement that the mark has become distinctive of the goods through the applicants substantially exclusive and continuous use in commerce for at least five years immediately before the date of the statement. Applicant has only pointed out that the previous owner of the mark had substantially exclusive use of the mark. Applicant has not presented any arguments or evidence that the mark has been in continuous use. Additionally the existence of Serial No. 76210248 and supporting amendment to allege shows applicants use of the mark is not substantially exclusive. For the foregoing reasons, the applicants claim of acquired distinctiveness is denied and the surname refusal is maintained. Accordingly, applicants request for reconsideration is denied. 37 C.F.R. Section 2.64(b); TMEP Section 715.04. The application file will be returned to the Trademark Trial and Appeal Board for resumption of the appeal.

/Won T. Oh/ Law Office 114 (703) 308 - 9114 x-176 email: ecom114@uspto.gov

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