• NAME IA ndrea L. Hirst I FIRM NAM E I Brookstone Company, Inc. I · STREET IO ne Innovation Way I · cnY IMe rrimack l • STATE New Hampshire (Required for U.S. applicants) I · c o UNTRY IU nited States I · ZIP/POSTAL CODE 03054 I PHONE 1603-577-8274 I FA.,'( 1603-577-8011 I • EMAIL ADDRESS [email protected] I · AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORM ATION NUMBER OF CLASSES 2 FEE PER CLASS 275 • TOTAL FEE PAID 550 SIGNATURE INFORMATION • SIGNATURE I1 andrea 1 hirst 55269/ • SIGNATORY'S NAME I Andrea L. Hirst • SIGNATORY'S POSITION I Asst. General Counsel, IP • DATE SIGNED I 12/08/2009 PTO Form 1478 (Rev 912006) OMB No. 0651-0009 (Exp 1213112011) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 77889099 Filing Date: 12/08/2009 To the Commissioner for Trademarks: MARK: better than Down (stylized and/or with design, see mark) The literal element of the mark consists of better than Down. The applicant is not claiming color as a feature of the mark. The mark consists of a silhouette of a duck between the words "better than" and "Down" wherein the words are printed in a stylized font. The applicant, Brookstone Purchasing, Inc., a corporation of New Hampshire, having an address of One Innovation Way Merrimack, New Hampshire 03054 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following: For specific filing basis information for each item, you must view the display within the Input Table. International Class 020: Pillows In International Class 020, the mark was first used at least as early as 12/01/2009, and first used in commerce at least as early as 12/01/2009, 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) product packaging. Specimen File ! For specific filing basis information for each item, you must view the display within the Input Table. International Class 024: Comforters In International Class 024, the mark was first used at least as early as 12/01/2009, and first used in commerce at least as early as 12/01/2009, 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) product packaging. Specimen File ! The applicant claims ownership of U.S. Registration Number(s) 3455021. The applicant's current Attorney Information: Andrea L. Hirst ofBrookstone Company, Inc. One Innovation Way Merrimack, New Hampshire 03054 United States The attorney docket/reference number is BS TONE TM 09.07. The docket/reference number is BSTONE TM 09.07. The applicant's current Correspondence Information: Andrea L. Hirst Brookstone Company, Inc. One Innovation Way Merrimack, New Hampshire 03054 603-5 77-8274(phone) 603-577-801 l (fax) [email protected] (authorized) A fee payment in the amount of$550 has been submitted with the application, representing payment fo r 2 class( es). Declaration The undersigned, being hereby warned that willful fa lse 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 fa lse 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 fi led under 15 U.S.C. Section l 05 1(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 fonn 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 trne; and that all statements made on information and belief are believed to be true. Signature: /andrea 1 hirst 55269/ Date Signed: 12/08/2009 Signatory's Name: Andrea L. Hirst Signatory's Position: Asst. General Counsel, IP RAM Sale Number: 6714 RAM Accounting Date: 12/09/2009 Serial Number: 77889099 Internet Transmission Date: Tue Dec 08 20:39:39 EST 2009 TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-2009 12082039399 26280-77889099-460acl b7996cbb9da886cbe57 efffe-D A-6 714-20091208202520122396 better than !\Do Generated on: This page was generated by TSDR on 2018-07-07 18:35:41 EDT Mark: JUST LIKE DOWN JUST LIKE DOWN US Serial Number: 78796334 Application Filing Jan. 20, 2006 Date: US Registration 3349915 Registration Date: Dec. 04, 2007 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark 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 th is page. Status Date: Jul. 11 , 2014 Publication Date: Sep. 12, 2006 Notice of Dec. 05, 2006 Allowance Date: Date Cancelled: Jul. 11 , 2014 Mark Information Mark Literal JUST LIKE DOWN Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services Note: The following symbols indicate that the registranUowner has amended the goods/services: • Brackets [ .. ] indicate deleted goods/services; • Double parenthesis(( .. )) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks*. * identify additional (new) wording in the goods/services. For: Pillows International 020 - Primary Class U.S Class(es): 002, 013, 022, 025, 032, 050 Class(es): Class Status: SECTION 8 - CANCELLED Basis: 1(a) First Use: Jan. 20, 2006 Use in Commerce: Jan. 20, 2006 For: Bed blankets; Comforters; Coverlets; Curtains; Duvet covers; Duvets; Mattress covers; Mattress pads; Throws International 024 - Primary Class U.S Class(es): 042, 050 Class(es): Class Status: SECTION 8 - CANCELLED Basis: 1(a) First Use: Jan. 20, 2006 Use in Commerce: Jan. 20, 2006 Basis Information (Case Level) Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Owner Name: Aeolus Down Inc. Owner Address: 14050 Norton Avenue Chino, CALIFORNIA 91710 UNITED STATES Legal Entity Type: CORPORATION State or Country CALIFORNIA Where Organized: Attorney/Correspondence Information Attorney of Record Attorney Name: Albert J.C. Chang Attorney Primary [email protected] Attorney Email No Email Address: Authorized: Correspondent Correspondent ALBERT JC CHANG Name/Address: CHANG & COTE LLP 19138 E WALNUT DR N STE 100 ROWLAND HEIGHTS, CALIFORNIA 91748-1432 UNITED STATES Phone: 626-854-2112 Fax: 626-854-2120 Correspondent e- [email protected] Correspondent e- No mail: mail Authorized: Domestic Representative - Not Found Prosecution History Proceeding Date Description Number Jul.11 ,2014 CANCELLED SEC. 8 (6-YR) Oct. 09, 2013 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Dec.04,2007 REGISTERED-PRINCIPAL REGISTER Oct. 27, 2007 LAW OFFICE REGISTRATION REVIEW COMPLETED 77976 Oct. 25, 2007 ASSIGNED TO LIE 77976 Sep. 25,2007 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Sep.09,2007 STATEMENT OF USE PROCESSING COMPLETE 77716 Aug.30,2007 USE AMENDMENT FILED 77716 Aug.30,2007 TEAS STATEMENT OF USE RECEIVED Jun.05, 2007 EXTENSION 1 GRANTED 98765 Jun.05,2007 EXTENSION 1 FILED 98765 Jun.05, 2007 TEAS EXTENSION RECEIVED Dec. 05, 2006 NOA MAILED - SOU REQUIRED FROM APPLICANT Sep. 12,2006 PUBLISHED FOR OPPOSITION Aug. 23,2006 NOTICE OF PUBLICATION Jul. 24, 2006 LAW OFFICE PUBLICATION REVIEW COMPLETED 70997 Jul. 19, 2006 ASSIGNED TO LIE 70997 Jul. 10, 2006 APPROVED FOR PUB - PRINCIPAL REGISTER Jul. 10, 2006 ASSIGNED TO EXAMINER 62920 Jan.26, 2006 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date In Location: Oct. 27, 2007 Assignment Abstract Of Title Information Summary Total Assignments: Registrant: Aeolus Down Inc. Assi nment 1 of 1 Conveyance: TRADEMARK SECURITY AGREEMENT Reel/Frame: 5122/0646 Pages: 9 Date Recorded: Oct. 02, 2013 Supporting assignment-tm-5122-0646.pdf Documents: Assignor Name: AEOLUS DOWN, INC. Execution Date: Sep. 27, 2013 Legal Entity Type: CORPORATION State or Country CALIFORNIA Where Organized: Assignee Name: PNC BANK, NATI ONAL ASSOCIATION , AS AGENT Legal Entity Type: A NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Address: 500 FIRST AVENUE ATTN: ROBERT WEISING PITTSBURGH, PENNSYLVANIA 15219 Correspondent Correspondent BETTY G. SMITH, SENIOR PARALEGAL Name: Correspondent MCGUIREWOODS LLP, 201 N. TRYON ST. Address: SUITE 3000 CHARLOTTE, NC 28202 Domestic Representative - Not Found Int. Cls.: 20 and 24 Prior U.S. Os.: 2, 13, 22, 25, 32, 42, and 50 Reg. No. 3,349,915 United States Patent and Trademark Office Registered Dec.