PTO Form 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER2741309
LAW OFFICE ASSIGNEDLAW OFFICE 111
SERIAL NUMBER76396911
MARK SECTION
MARK FILE NAME http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=76396911
LITERAL ELEMENT LOUIS M MARTINI
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
OWNER SECTION (current)
NAME G3 ENTERPRISES, INC.
STREET 502 EAST WHITMORE AVENUE
CITY MODESTO
STATE California
ZIP/POSTAL CODE 95358
COUNTRY United States
LEGAL ENTITY SECTION (current)
TYPEcorporation
STATE/COUNTRY OF INCORPORATION Delaware
EXPLANATION OF FILING

The original applicant for registration of LOUIS M MARTINI was G3 Properties, Inc.  This applicant was inadvertently, incorrectly, but in good faith listed as being a California corporation.  While the company was doing business in California, it actually was a Delaware corporation.  The name of the company was later changed to G3 Enterprises, Inc., a Delaware corporation.  G3 Enterprises, Inc. is the current owner of the trademark LOUIS M MARTINI and the Section 8&9 Affidavits were filed correctly in the name of G3 Enterprises, Inc.  Thus the resident state of the original corporate owner of the trademark, G3 Properties, Inc., should have been Delaware.  This mistake was inadvertent and done in good faith. 

The change from California to Delaware has already been made by a change of address.  This Section 7 Request is made at the suggestion of Dana Austin, Trademark Specialist at the USPTO in the Post Registration Division.  We understand this will omit the need to respond to the Post Registration Office Action, issued August 10, 2012. 

In addition, we have revised the description of goods to reflect an accurate statement.  We had inadvertently, but in good faith, submitted the renewal failing to exclude certain goods.  This Section 7 Request Form contains the accurate goods description for the mark, going forward.

If we need to do anything further, we respectfully request you advise us of same.

GOODS AND/OR SERVICES SECTION (current)
U.S. CLASS 033
IDENTIFICATIONSHERRY, AND WINES, EXCLUDING VERMOUTH
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/00/1941
        FIRST USE IN COMMERCE DATE At least as early as 12/00/1941
GOODS AND/OR SERVICES SECTION (proposed)
U.S. CLASS 033
IDENTIFICATIONWINES, EXCLUDING VERMOUTH
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/00/1941
       FIRST USE IN COMMERCE DATE At least as early as 12/00/1941
ATTORNEY SECTION
ORIGINAL ADDRESS G3 ENTERPRISES, INC.
502 EAST WHITMORE AVENUE

MODESTO
California (CA)
United States (USX)
95358
NEW ATTORNEY SECTION
NAME KRISTI W. WHALEN
STREET 600 Yosemite Boulevard
CITY Modesto
STATE California
ZIP/POSTAL CODE 95354
COUNTRY United States
EMAIL kristi.whalen@ejgallo.com;jamie.samano@ejgallo.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS G3 ENTERPRISES, INC.
502 EAST WHITMORE AVENUE

MODESTO
California (CA)
United States (USX)
95358
NEW CORRESPONDENCE SECTION
NAME KRISTI W. WHALEN
STREET 600 Yosemite Boulevard
CITY Modesto
STATE California
ZIP/POSTAL CODE 95354
COUNTRY United States
EMAIL kristi.whalen@ejgallo.com;jamie.samano@ejgallo.com
AUTHORIZED EMAIL COMMUNICATION Yes
PAYMENT SECTION
TOTAL AMOUNT100
TOTAL FEES DUE100
SIGNATURE SECTION
DECLARATION SIGNATURE /rl/
SIGNATORY'S NAME Robert Lubeck
SIGNATORY'S POSITION Chief Executive Officer
DATE SIGNED 10/30/2012
REQUEST SIGNATURE /kw/
SIGNATORY'S NAME Kristi Whalen
SIGNATORY'S POSITION Associate General Counsel
DATE SIGNED 10/30/2012
AUTHORIZED SIGNATORY YES
CONCURRENT § 8, 8 &15, OR 8 &9 FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 30 17:45:31 EDT 2012
TEAS STAMP USPTO/S7R-XXX.XX.XXX.X-20
121030174531657817-274130
9-490344f20912e243b5edfcd
1885aa83899e-CC-3374-2012
1030173436202432



PTO Form 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form

To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 2741309 LOUIS M MARTINI (Stylized and/or with Design, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=76396911) has been amended as follows:

EXPLANATION OF FILING

The original applicant for registration of LOUIS M MARTINI was G3 Properties, Inc.  This applicant was inadvertently, incorrectly, but in good faith listed as being a California corporation.  While the company was doing business in California, it actually was a Delaware corporation.  The name of the company was later changed to G3 Enterprises, Inc., a Delaware corporation.  G3 Enterprises, Inc. is the current owner of the trademark LOUIS M MARTINI and the Section 8&9 Affidavits were filed correctly in the name of G3 Enterprises, Inc.  Thus the resident state of the original corporate owner of the trademark, G3 Properties, Inc., should have been Delaware.  This mistake was inadvertent and done in good faith. 

The change from California to Delaware has already been made by a change of address.  This Section 7 Request is made at the suggestion of Dana Austin, Trademark Specialist at the USPTO in the Post Registration Division.  We understand this will omit the need to respond to the Post Registration Office Action, issued August 10, 2012. 

In addition, we have revised the description of goods to reflect an accurate statement.  We had inadvertently, but in good faith, submitted the renewal failing to exclude certain goods.  This Section 7 Request Form contains the accurate goods description for the mark, going forward.

If we need to do anything further, we respectfully request you advise us of same.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 033 for SHERRY, AND WINES, EXCLUDING VERMOUTH
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/00/1941 and first used in commerce at least as early as 12/00/1941, and is now in use in such commerce.

Proposed: Class 033 for WINES, EXCLUDING VERMOUTH
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/00/1941 and first used in commerce at least as early as 12/00/1941, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: G3 ENTERPRISES, INC., a corporation of Delaware, having an address of
      502 EAST WHITMORE AVENUE
      MODESTO, California 95358
      United States
Proposed: G3 ENTERPRISES, INC., a corporation of Delaware, having an address of

      502 EAST WHITMORE AVENUE
      MODESTO, California 95358
      United States


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: G3 ENTERPRISES, INC. 502 EAST WHITMORE AVENUE MODESTO California (CA) United States (USX) 95358
Proposed: KRISTI W. WHALEN, having an address of 600 Yosemite Boulevard Modesto, California United States 95354, whose e-mail address is kristi.whalen@ejgallo.com;jamie.samano@ejgallo.com.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: G3 ENTERPRISES, INC. 502 EAST WHITMORE AVENUE MODESTO California (CA) United States (USX) 95358
Proposed: KRISTI W. WHALEN, having an address of 600 Yosemite Boulevard Modesto, California United States 95354, whose e-mail address is kristi.whalen@ejgallo.com;jamie.samano@ejgallo.com.


FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
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 document or any resulting registration, 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: /rl/      Date: 10/30/2012
Signatory's Name: Robert Lubeck
Signatory's Position: Chief Executive Officer

Request Signature
Signature: /kw/     Date: 10/30/2012
Signatory's Name: Kristi Whalen
Signatory's Position: Associate General Counsel

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 registrant'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 registrant in this matter: (1) the registrant 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 registrant has filed a power of attorney appointing him/her in this matter; or (4) the registrant'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.

The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    KRISTI W. WHALEN
   600 Yosemite Boulevard
   Modesto, California 95354
        
RAM Sale Number: 3374
RAM Accounting Date: 10/31/2012
        
Serial Number: 76396911
Internet Transmission Date: Tue Oct 30 17:45:31 EDT 2012
TEAS Stamp: USPTO/S7R-XXX.XX.XXX.X-20121030174531657
817-2741309-490344f20912e243b5edfcd1885a
a83899e-CC-3374-20121030173436202432