petitioner information

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA848454

Filing date: 09/26/2017

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Petition for Cancellation

Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.

Petitioner Information

Name American Cruise Lines, Inc.

Entity Corporation Citizenship Delaware

Address 741 Boston Post RoadGuilford, CT 06437UNITED STATES

Attorney informa-tion

Francis J. GormanGorman & Williams36 South Charles Street, Suite 900Baltimore, MD 21201UNITED STATESEmail: [email protected], [email protected], [email protected]: 4105280600

Registration Subject to Cancellation

Registration No. 4286568 Registration date 02/05/2013

Registrant HMS American Queen Steamboat Company LLC115 E. Market StreetNew Albany, IN 47150UNITED STATES

Goods/Services Subject to Cancellation

Class 039. First Use: 2012/06/20 First Use In Commerce: 2012/06/20All goods and services in the class are subject to cancellation, namely: Transporting passengers andgoods by steamers

Class 043. First Use: 2012/06/20 First Use In Commerce: 2012/06/20All goods and services in the class are subject to cancellation, namely: Hotel, restaurant and bar ser-vices provided onboard a riverboat

Grounds for Cancellation

Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d)

Abandonment Trademark Act Section 14(3)

Other Irregularities by the Applicant in the application.

Related Proceed-ings

American Cruise Lines, Inc. v. HMS American Queen Steamboat Company LLC,et al., No. 13-CV-324-RGA, D. Del.

Mark Cited by Petitioner as Basis for Cancellation

http://estta.uspto.gov

U.S. RegistrationNo.

3019486 Application Date 10/14/2004

Registration Date 11/29/2005 Foreign PriorityDate

NONE

Word Mark AMERICAN CRUISE LINES

Design Mark

Description ofMark

NONE

Goods/Services Class 039. First use: First Use: 1999/07/30 First Use In Commerce: 1999/10/01

CRUISE SHIP SERVICES; TRANSPORTATION OFPASSENGERS BY SHIP

Attachments 76615930#TMSN.png( bytes )2017_09_26 Petition for Cancellation TAQSC Final.pdf(349987 bytes )Exhibit 1.pdf(107316 bytes )Exhibit 2.pdf(429579 bytes )Exhibit 3.pdf(103701 bytes )Exhibit 4.pdf(103722 bytes )Exhibit 5.pdf(180462 bytes )Exhibit 6.pdf(117430 bytes )Exhibit 7.pdf(186955 bytes )Exhibit 8.pdf(142943 bytes )Exhibit 9.pdf(118208 bytes )Exhibit 10.pdf(121631 bytes )Exhibit 11.pdf(131027 bytes )Exhibit 12.pdf(121568 bytes )

Signature /Francis J. Gorman/

Name Francis J. Gorman

Date 09/26/2017

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

--------------------------------------------------

AMERICAN CRUISE LINES, INC.

Petitioner,

v.

HMS AMERICAN QUEEN STEAMBOAT

COMPANY, LLC

Registrant.

-----------------------------------------------------

) ) ) ) ) ) Cancellation No. _________________

) Registration No. 4286568

) THE AMERICAN QUEEN ) STEAMBOAT COMPANY ) ) ) )

FILLED VIA ESTTA

PETITION FOR CANCELLATION OF

“THE AMERICAN QUEEN STEAMBOAT COMPANY” MARK

Petitioner, American Cruise Lines, Inc. (“Petitioner” or “American Cruise Lines”), a Delaware

corporation with its address at 741 Boston Post Road, Guilford, Connecticut 06437, states that it has been

and is being damaged by the registration of THE AMERICAN QUEEN STEAMBOAT COMPANY

(“TAQSC”) mark issued to HMS American Queen Steamboat Company, LLC (“Registrant”) on

International Classes 39 and 43 on February 5, 2013. Petitioner’s AMERICAN CRUISE LINES mark has

priority over Registrant’s mark, the mark on which Registrant relied to obtain registration had been

abandoned, and a likelihood of confusion exists because of Registrant’s use of the TAQSC mark. Petitioner

seeks the cancellation of the TAQSC mark registration pursuant to 15 U.S.C. 1064 and 37 C.F.R. § 2.111

and states as follows:

I. Petitioner’s Use of the “AMERICAN” Marks

1. Petitioner is now, and since at least 1999, has been engaged in the business of cruise ship

services, transportation of passengers by ship, and arranging and conducting cruises for others.

2. Registrant entered the cruise ship business in 2012 using the TAQSC mark and offering

the same or similar services as offered by Petitioner. Registrant’s address of record is HMS American

Queen Steamboat Company LLC, 115 E. Market Street, New Albany, Indiana 47150.

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3. Petitioner’s services are offered in the United States under certain trademarks, a number of

which have “AMERICAN” as the first word in the mark. Petitioner has long advertised and promoted its

overnight passenger cruise ship services for its fleet of overnight passenger ships in connection with the

following marks:

(i) American Cruise Lines’ federally registered service mark, AMERICAN CRUISE LINES,

U.S. Service Mark No. 3,019,486, issued by the U.S. Patent and Trademark Office (“USPTO”) on

November 29, 2005, as registered on the Principal Register in connection with “cruise ship services;

transportation of passengers by ship” in International Class 39 (the “‘486 Registration”). A copy of the ‘486

Registration is attached hereto as Exhibit 1.

(ii) American Cruise Lines’ federally registered service mark, AMERICAN GLORY, U.S.

Service Mark No. 2,908,064, issued by the USPTO on December 7, 2004, as registered on the Principal

Register in connection with “cruise ship services; transportation of passengers by ship” in International

Class 39 (the “‘064 Registration). A copy of the ‘064 Registration is attached hereto as Exhibit 2.

(iii) American Cruise Lines’ federally registered service mark, AMERICAN SPIRIT, U.S.

Service Mark No. 2,987,886, issued by the USPTO on August 23, 2005, as registered on the Principal

Register in connection with “cruise ship services; transportation of passengers by ship” in International

Class 39 (the “‘886 Registration”). A copy of the ‘886 Registration is attached hereto as Exhibit 3.

(iv) American Cruise Lines’ federally registered service mark, AMERICAN STAR, U.S.

Service Mark No. 3,409,555, issued by the USPTO on April 8, 2008, as registered on the Principal Register

in connection with “cruise ship services; transportation of passengers by ship” in International Class 39 (the

“‘555 Registration”). A copy of the ‘555 Registration is attached hereto as Exhibit 4.

4. The AMERICAN CRUISE LINES service mark, subject of the ‘486 Registration, has been

continuously in use since at least as early as 1999 by American Cruise Lines in interstate commerce in

connection with overnight passenger cruise ship services associated with the “AMERICAN” marks and

related marks on inland and coastal waterways and rivers of the United States and is currently in use.

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5. The word “AMERICAN” in Petitioner’s AMERICAN CRUISE LINES mark has

distinctive status under section 2(f) of the Trademark Act as of November 29, 2005 with respect to providing

overnight passenger cruise ship services. Registrant has attempted and is attempting to hijack Petitioner’s

AMERICAN marks. In addition Registrant has attempted and is attempting to hijack the 2(f) status in the

word “AMERICAN” in the AMERICAN CRUISE LINES mark by also claiming distinctive 2(f) status for

the word “AMERICAN” in its TAQSC mark.

6. American Cruise Lines has continuously used the AMERICAN GLORY, AMERICAN

SPIRIT, AMERICAN STAR, and service marks in interstate commerce in connection with overnight

passenger cruise ship services on inland and coastal waterways and rivers of the United States since at least

as early as 1999, 2005, and 2007 respectively. These marks are currently in use. American Cruise Lines has

used and is using these marks in combination with its AMERICAN CRUISE LINES mark and its other

registered “AMERICAN” prefaced marks and related marks to identify and distinguish its overnight

passenger cruise ship services from services provided by others and to indicate the source of those services.

7. Pursuant to § 15 of the Lanham Act, 15 U.S.C. §1065, the ‘486 Registration became

incontestable as of March 9, 2011; the ‘064 Registration became incontestable as of March 11, 2011; the

‘886 Registration became incontestable as of March 11, 2011; and the ‘555 Registration became

incontestable as of June 14, 2013.

8. Consumers recognize the “AMERICAN” prefix as an indicator of American Cruise Lines

as the common source of “cruise ship services; transportation of passengers by ship.”

9. American Cruise Lines has expanded and intends to continue to expand its use of

AMERICAN marks for cruise ship services, transportation of passengers, and arranging cruises for others:

AMERICAN RIVER LINES, Registration No. 4637450, registered on November 11, 2014, see Exhibit 5;

AMERICAN STEAMBOAT COMPANY, s/n 85254464, application filed March 1, 2011, notice of

allowance issued on June 6, 2017, see Exhibit 6; AMERICAN EAGLE, Registration No. 4777732,

registered on July 21, 2015, see Exhibit 7; AMERICAN PRIDE, Registration No. 5233248, registered on

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June 27, 2017, see Exhibit 8; AMERICAN HERITAGE, s/n: 86367665, application filed August 15, 2014,

notice of allowance issued on February 16, 2016, see Exhibit 9; AMERICAN CONSTITUTION, s/n:

87043795, application filed May 19, 2016, notice of allowance issued on June 6, 2017, see Exhibit 10.

10. The AMERICAN CRUISE LINES, AMERICAN RIVER LINES, AMERICAN

STEAMBOAT COMPANY, AMERICAN GLORY, AMERICAN SPIRIT, AMERICAN STAR,

AMERICAN EAGLE, AMERICAN PRIDE, AMERICAN HERITAGE, and AMERICAN

CONSTITUTION marks, when taken together, are the “AMERICAN Marks.”

11. Petitioner and Registrant are currently engaged in a civil action which may have a bearing

on the outcome of this Petition for Cancellation: American Cruise Lines, Inc. v. HMS American Queen

Steamboat Company LLC, et al., No. 13-CV-324-RGA, D. Del. (the “District Court Litigation”).

II. Petitioner’s AMERICAN CRUISE LINES Mark has Priority

12. Petitioner’s AMERICAN CRUISE LINES mark, with its distinctive 2(f) status for the word

“AMERICAN,” has priority over Registrant’s TAQSC mark.

13. American Cruise Lines first used its AMERICAN CRUISE LINES mark in commerce on

October 1, 1999 whereas, according to Registrant’s own filing in the USTPO, Registrant did not use the

TAQSC mark in the United States for the services described in its intent-to-use application prior to the

April 26, 2011 filing date. Registrant filed its statement of use with a specimen on November 27, 2012,

alleging the first use in commerce date as June 20, 2012.

14. Petitioner anticipates that Registrant may claim that the TAQSC mark has priority under

the theory of “tacking,” a doctrine that allows a newer mark to claim priority from an older mark if the

marks are legal equivalents. In 2011, Registrant purportedly was assigned the AMERICAN QUEEN marks

(Registration Nos. 1,953,532 and 1,953,533). The purported assignment was without any goodwill. The

TAQSC mark cannot “tack back” to these 1996 registrations, as the Judge in the District Court Litigation

stated in a Memorandum Opinion dated August 14, 2017 that:

Thus, Defendant’s claim of priority [of the AQSC mark] rests on its ownership of the American Queen mark. There is no basis in the law for Defendant to claim priority. It does

5

not contest that its AQSC mark is junior to the ACL mark. It further concedes that tacking, a doctrine that allows a newer mark to claim priority from an older mark if the marks are legal equivalents, does not apply. Defendant instead argues that use of AQSC is a “natural expansion” of its rights in American Queen, but cites no authority for this uncharted proposition.

See Paragraph 10 supra, District Court Litigation, Memorandum Opinion, D.I. 258 at 36.

15. The AMERICAN CRUISE LINES mark was initially registered on the Supplemental

Register on March 20, 2001 (Registration No. 2437727). By comparison, Registrant not only received

registration in 2013 on the Principal Register despite Petitioner’s priority, Registrant also received,

improperly and unfairly, 2(f) distinctiveness status for the word “AMERICAN” in the TAQSC mark.

III. Registrant’s Mark is Likely to Cause Confusion

16. Petitioner’s AMERICAN CRUISE LINES mark is widely recognized throughout the

United States as designating the top quality overnight passenger cruising services which Petitioner offers

and the cruise ships on which those services are offered. Petitioner’s AMERICAN CRUISE LINES mark

has achieved widespread public recognition throughout the United States in connection with overnight

passenger cruise ships and services.

17. The services in Class 39 for which Registrant has registered the TAQSC mark is

“transporting passengers and goods by steamers.” The services in Class 39 for which Petitioner registered

its AMERICAN CRUISE LINE mark is “cruise ship services; transportation of passengers by ship.”

Despite the differences in the services descriptions in the registrations, in fact Petitioner and Registrant

offer the same or similar cruise ship services and transportation of passenger services.

18. Registrant’s TAQSC mark is substantially similar to Petitioner’s AMERICAN Marks.

19. Registrant is causing additional confusion because Registrant has filed applications to

register trademarks for their ship names with the first word “AMERICAN” in order to mimic American

Cruise Lines’ ship naming scheme with “AMERICAN” as the first word of the ship name.

20. Registrant was aware of Petitioner’s AMERICAN CRUISE LINES mark and other

AMERICAN mark registrations at the time Registrant filed its application to register the TAQSC mark.

6

IV. The 1996 AMERICAN QUEEN Registered Marks on which Registrant Relied were

Abandoned Before Obtaining the 2013 Registration of TAQSC

21. In addition, Registrant is not entitled to priority based on the 1996 registration of the

AMERICAN QUEEN marks because the AMERICAN QUEEN marks on which Registrant relied were

abandoned prior to use by Registrant.

22. The AMERICAN QUEEN marks pertain to the “American Queen” vessel that was

launched in 1996 by a prior owner of the vessel.

23. The AMERICAN QUEEN marks were abandoned by a prior owner because the prior

owner ceased marketing and operation of the “American Queen” vessel under the AMERICAN QUEEN

marks in 2008. The vessel was then surrendered to the U.S. Maritime Commission (“MARAD”) and did

not operate from 2008 to 2012.

24. As a result of nonuse for a period of more than three (3) years, the AMERICAN QUEEN

marks were abandoned under 15 U.S.C. § 1127 (definition of “abandoned”). Registrant’s claim of priority

is based on these abandoned AMERICAN QUEEN marks, and therefore the TAQSC Registration should

be cancelled.

V. The Circumstances Surrounding the TAQSC Application and Registration Raise Serious

Questions About Validity of the Registration

25. Reproduced below is the portion of the Trademark Office summary of the arguments made

by Registrant in order to obtain registration of the TAQSC mark. Registrant also avoided disclaimer of the

word “AMERICAN.” Registrant received 2(f) distinctive status with respect to Registrant’s use of the word

“AMERICAN” in the TAQSC mark without registering on the Supplemental Register or using the TAQSC

mark for five years.

7

26. Registrant relied on the 1996 Registrations of the AMERICAN QUEEN marks when it

obtained the registration of the TAQSC mark in 2013. The Memorandum Opinion in the District Court

Litigation eliminates any tacking-back ability of the TAQSC mark to the 1996 Registrations. Likewise,

there is no basis to justify the 2(f) status granted to “AMERICAN” in the TAQSC mark in 2013 based on

the 1996 Registrations.

27. The Memorandum Opinion in the District Court Litigation undermines the validity of the

2013 registration granted to the TAQSC mark.

28. Registrant received registration under International Class 39 for “Transporting passengers

and goods by steamers.” See Exhibit 11. The Registrant currently operates three ships. Two of the ships,

the “American Empress” and the “American Duchess” are not steamers. The third ship, “American Queen”

is powered only partially and/or intermittently by steam.

29. In addition, Registrant’s description of services in the TAQSC application shows an intent

to mislead the USPTO. If Registrant had used “cruise ship services” to describe the services in its

application of the TAQSC mark, which would have been an accurate description and is in line with the

service descriptions of other cruise ship operators, the USPTO examiner would have found Petitioner’s

many registered AMERICAN marks which give rise to a likelihood of confusion. To avoid a challenge

from the USPTO examiner, Registrant listed in its application the following description of services:

“transporting passengers and goods by steamer.” See Exhibit 12.

8

30. By not giving the USPTO examiner an accurate description of the services, Registrant

misdirected the examination of the TAQSC mark application.

VI. Registrant’s Mark was Incorrectly Registered in International Class 43

31. Registrant’s TAQSC mark was incorrectly registered in International Class 43 (Hotels and

Restaurants). In its application to register the TAQSC mark under Class 43, Registrant described the

services as “hotels, restaurants and bar services provided aboard a riverboat.” These services are Class 39

cruise ship services.

32. International Class 43 covers services for providing food, drink, and sleeping

accommodations. It includes services provided by establishments that are hotels and boarding houses, non-

moving structures. Class 43 does not properly cover cruise ships services and travel services that are

covered by International Class 39 (transport; packaging and storage of goods; travel arrangement).

33. A review of the trademark company names of prominent companies providing cruise and

travel services reveals that International Class 43 is not extended to these marks. For example, the marks

CARNIVAL CRUISE LINES, ROYAL CARIBBEAN CRUISES LTD., PRINCESS CRUISES, and

NORWEGIAN CRUISE LINE are registered only in International Class 39.

34. Therefore, Registrant should not have received registration of the TAQSC mark or 2(f)

distinctiveness as to the word “AMERICAN” in International Class 43 because Class 43 does not cover the

services actually provided by Registrant.

VII. Conclusion

35. The TAQSC mark does not have priority and should not have been registered on the

principal register. Consumers are likely to be confused and led to mistakenly believe that Registrant’s

services offered under its TAQSC trademark either emanate from or are licensed by, sponsored by, or

associated with American Cruise Lines, and that the services offered under the TAQSC mark are part of

the services offered by American Cruise Lines under its AMERICAN Marks. The TAQSC Registration on

the Principal Register is based on false premises because the TAQSC mark cannot tack-back to the 1996

9

registrations of the AMERICAN QUEEN marks and because the AMERICAN QUEEN marks have been

abandoned. International Class 43 does not cover the services actually provided by Registrant.

36. If Registrant were permitted to maintain its registration and use of the TAQSC mark the

services it provides, American Cruise Lines would continue to be damaged and injured. Any defect,

objection or fault found with Registrant’s services reflect negatively upon, seriously injure, and dilute the

reputation and value that American Cruise Lines has established under its AMERICAN Marks.

WHEREFORE, American Cruise Lines prays that Registration No. 4286568 be cancelled, and that

this cancellation be sustained in favor of American Cruise Lines. Petitioner requests a hearing on this matter.

This Petition for Cancellation is submitted together with the statutory filing fee of $800.00 ($400.00

per Class). Should any additional fee be required, please charge the same to our account and notify the

undersigned accordingly.

Dated: September 26, 2017 /Francis J. Gorman/ Francis J. Gorman Wayne H. Xu Taylor W. Beckham GORMAN & WILLIAMS 36 S. Charles Street, Suite 900 Baltimore, MD 21201 (410) 528-0600 Email: [email protected]

[email protected] [email protected] COUNSEL FOR PETITIONER AMERICAN CRUISE LINES, INC.

mailto:[email protected]



10

Petitioner appoints Francis J. Gorman, Wayne H. Xu, Taylor W. Beckham, and Gorman &

Williams, 36 S. Charles Street, Suite 900, Baltimore, Maryland 21201-3114, to transact all business on its

behalf in connection with this Petition.

Dated: September 26, 2017 /Francis J. Gorman/ Francis J. Gorman Wayne H. Xu Taylor W. Beckham GORMAN & WILLIAMS 36 S. Charles Street, Suite 900 Baltimore, MD 21201 (410) 528-0600 Email: [email protected]

[email protected] [email protected] ATTORNEYS FOR PETITIONER AMERICAN CRUISE LINES, INC.

CERTIFICATE OF SERVICE AND ELECTRONIC SUBMISSION

The undersigned hereby certifies that a true and correct copy of this Petition for Cancellation has been filed via ESTTA and served by U.S. Mail, first class, postage prepaid, on September 26, 2017, to the Registrant at the address listed in the current U.S. Trademark Office Records as follows:

HMS American Queen Steamboat Company LLC 115 E. Market Street New Albany, Indiana 47150

and a courtesy copy to the Registrant’s counsel:

Brian P. McGraw MIDDLETON REUTLINGER 401 S. Fourth Street 2600 Brown & Williamson Tower Louisville, Kentucky 40202 [email protected]

/Taylor W. Beckham/ ATTORNEY FOR PETITIONER





EXHIBIT 1

EXHIBIT 2

EXHIBIT 3

EXHIBIT 4

EXHIBIT 5

EXHIBIT 6

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85254464

Filing Date: 03/01/2011

The table below presents the data as entered.

Input Field Entered

SERIAL NUMBER 85254464

MARK INFORMATION

*MARK AMERICAN STEAMBOAT COMPANY

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT AMERICAN STEAMBOAT COMPANY

MARK STATEMENTThe mark consists of standard characters, without claim to any

particular font, style, size, or color.

REGISTER Principal

APPLICANT INFORMATION

*OWNER OF MARK American Cruise Lines, Inc.

INTERNAL ADDRESS Suite 200

*STREET 741 Boston Post Road

*CITY Guilford

*STATE

(Required for U.S. applicants)Connecticut

*COUNTRY United States

*ZIP/POSTAL CODE

(Required for U.S. applicants only)06437

LEGAL ENTITY INFORMATION

TYPE corporation

STATE/COUNTRY OF INCORPORATION Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS 039

*IDENTIFICATIONCruise ship services; transportation of passengers by ship;

arranging and conducting cruises for others

NO FILING BASIS SPECIFIED BASIS REQUIRED

ADDITIONAL STATEMENTS SECTION

PRIOR REGISTRATION(S)The applicant claims ownership of U.S. Registration

Number(s) 3019486, 3025982, 3409555, and others.

ATTORNEY INFORMATION

NAME Mark Harrison

../APP0002.JPG

ATTORNEY DOCKET NUMBER 831-301447

FIRM NAME Venable LLP

STREET 575 7th Street, N.W.

CITY Washington

STATE District of Columbia

COUNTRY United States

ZIP/POSTAL CODE 20004

PHONE 202 344 4019

FAX 202 344 8300

OTHER APPOINTED ATTORNEYMarcia Auberger, Andrew Price, Jacqueline Patt, Rebecca

Liebowitz, Michael Hall and Jeremy Klass

CORRESPONDENCE INFORMATION

NAME Mark Harrison


STREET 575 7th Street, N.W.

CITY Washington




PHONE 202 344 4019

FAX 202 344 8300

FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 325

*TOTAL FEE DUE 325

*TOTAL FEE PAID 325

SIGNATURE INFORMATION

SIGNATURE NOT PROVIDED

SIGNATORY'S NAME NOT PROVIDED

SIGNATORY'S POSITION NOT PROVIDED

DATE SIGNED NOT PROVIDED

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)




To the Commissioner for Trademarks:

MARK: AMERICAN STEAMBOAT COMPANY (Standard Characters, see mark)

The literal element of the mark consists of AMERICAN STEAMBOAT COMPANY.

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, American Cruise Lines, Inc., a corporation of Delaware, having an address of

Suite 200,

741 Boston Post Road

Guilford, Connecticut 06437

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:

International Class 039: Cruise ship services; transportation of passengers by ship; arranging and conducting cruises for others

The applicant has not specified a filing basis.

The applicant claims ownership of U.S. Registration Number(s) 3019486, 3025982, 3409555, and others.

The applicant's current Attorney Information:

Mark Harrison and Marcia Auberger, Andrew Price, Jacqueline Patt, Rebecca Liebowitz, Michael Hall and Jeremy Klass of Venable LLP

575 7th Street, N.W.

Washington, District of Columbia 20004

United States

The attorney docket/reference number is 831-301447.

The applicant's current Correspondence Information:

Mark Harrison

Venable LLP

575 7th Street, N.W.


202 344 4019(phone)

202 344 8300(fax)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

RAM Sale Number: 12955

RAM Accounting Date: 03/01/2011


Internet Transmission Date: Tue Mar 01 13:27:19 EST 2011

TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2011030113271931

1563-85254464-4801a33e5965b2f5265a23ebf8

db4315ac-DA-12955-20110301131800693959

../APP0002.JPG

From: [email protected]

Sent: Tuesday, June 6, 2017 00:04 AM

To: [email protected]

Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 85254464: AMERICAN STEAMBOAT COMPANY

NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Jun 6, 2017

U.S. Serial Number: 85254464Mark: AMERICAN STEAMBOAT COMPANYDocket/Reference Number:

No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Requestfor Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registrationcertificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not

specified originally); OR - An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6)

months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months fromwhen the NOA issued. The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request havemany legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at https://www.uspto.gov/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice,

please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, seehttps://www.uspto.gov/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THISAPPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the"Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available athttps://www.uspto.gov/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa. Do NOT reply to this e-mail, as e-mailed filings will NOT

be processed.


Mark: AMERICAN STEAMBOAT COMPANY

Docket/Reference Number:

Owner: American Cruise Lines, Inc.Suite 200741 Boston Post RoadGuilford , CONNECTICUT 06437

Correspondence Address: Francis J. GormanGorman & Williams36 S. Charles Street, Suite 900Baltimore MD 21201

This application has the following bases, but not necessarily for all listed goods/services:Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

039 - Cruise ship services; transportation of passengers by ship; arranging and conducting cruises for others -- FIRST USE DATE: NONE; -- USE IN COMMERCEDATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.

Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. SeeTMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale oradvertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service,click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies mayresult in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or thelack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO

https://www.uspto.gov/trademarks-application-process/filing-online


https://www.uspto.gov/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process

https://www.uspto.gov/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa

https://www.uspto.gov/trademarks-getting-started/process-overview/trademark-information-network

website at https://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go tohttps://tsdr.uspto.gov/#caseNumber=85254464&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark

Assistance Center at 1-800-786-9199. Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go tohttps://tsdr.uspto.gov/#caseNumber=85254464&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch. NOTE: This notice will only be

available on-line the next business day after receipt of this e-mail.

https://www.uspto.gov

https://tsdr.uspto.gov/#caseNumber=85254464&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch

https://tsdr.uspto.gov/#caseNumber=85254464&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch

EXHIBIT 7

EXHIBIT 8

Reg. No. 5,233,248

Registered Jun. 27, 2017

Int. Cl.: 39

Service Mark

Principal Register

American Cruise Lines, Inc. (DELAWARE CORPORATION)


Guilford, CT 06437

CLASS 39: Cruise ship services offered by riverboat; transportation of passengers by

riverboat; arranging and conducting cruises for others by riverboat

FIRST USE 9-22-2015; IN COMMERCE 4-2-2016

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR

OWNER OF U.S. REG. NO. 4637450, 2908064, 4777732

SER. NO. 86-763,248, FILED 09-21-2015

SIMON TENG, EXAMINING ATTORNEY

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*

What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th

years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the

registration will continue in force for the remainder of the ten-year period, calculated from the registration

date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application

for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*

What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewalbetween every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above withthe payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with anextension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).The time periods for filing are based on the U.S. registration date (not the international registration date). Thedeadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those fornationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrationsdo not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlyinginternational registration at the International Bureau of the World Intellectual Property Organization, underArticle 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from thedate of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for theinternational registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the

USPTO website for further information. With the exception of renewal applications for registered

extensions of protection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark

owners/holders who authorize e-mail communication and maintain a current e-mail address with the

USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark

Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms

available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5233248

EXHIBIT 9

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)





Input Field Entered


MARK INFORMATION

*MARK AMERICAN HERITAGE



LITERAL ELEMENT AMERICAN HERITAGE



REGISTER Principal




*CITY Guilford

*STATE



*ZIP/POSTAL CODE



TYPE corporation






FILING BASIS SECTION 1(b)


NAME Mark Harrison



STREET P.O. Box 34385

CITY Washington

../APP0002.JPG



ZIP/POSTAL CODE 20043-9998

PHONE 202-344-4019

FAX 202-344-8300

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

OTHER APPOINTED ATTORNEYAndrew Price, Rebecca Liebowitz, Halle Markus, Scott Oslick

and Steven Powell


NAME Mark Harrison



CITY Washington




PHONE 202-344-4019

FAX 202-344-8300

EMAIL [email protected];[email protected];

[email protected]


FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 325

*TOTAL FEE DUE 325

*TOTAL FEE PAID 325






PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)





MARK: AMERICAN HERITAGE (Standard Characters, see mark)

The literal element of the mark consists of AMERICAN HERITAGE.





United States




Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on

or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).


Mark Harrison and Andrew Price, Rebecca Liebowitz, Halle Markus, Scott Oslick and Steven Powell of Venable LLP

P.O. Box 34385

Washington, District of Columbia 20043-9998

United States



Mark Harrison

Venable LLP

P.O. Box 34385


202-344-4019(phone)

202-344-8300(fax)

[email protected];[email protected]; [email protected] (authorized)


Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the

trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or

in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the

applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an

application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the

applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection

with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the

right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the

goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and

the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may

jeopardize the validity of the application or any registration resulting therefrom, 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.

../APP0002.JPG

Declaration Signature

Signature: Not Provided Date: Not Provided

Signatory's Name: Not Provided

Signatory's Position: Not Provided




Internet Transmission Date: Fri Aug 15 11:32:18 EDT 2014

TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201408151132187

68480-86367665-500badb2d2c158c7c8b731e24

6328f0cab747f34375ef9aa582d4c33ac4891a2-

DA-7928-20140815112318457572


Sent: Tuesday, February 16, 2016 00:04 AM


Cc: [email protected] ; [email protected]

Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 86367665: AMERICAN HERITAGE: Docket/Reference No. 831-371285


ISSUE DATE: Feb 16, 2016

Serial Number: 86367665Mark: AMERICAN HERITAGEDocket/Reference Number: 831-371285





How to file SOU and/or Extension Request:Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request havemany legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.uspto.gov/teas/index.html (under the"INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the TrademarkAssistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, seehttp://www.uspto.gov/trademarks/basics/MoreInfo_SOU_EXT.jsp.



If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the"Post-Publication Amendment" form under the "POST-PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) FORMS" category, available athttp://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.


Mark: AMERICAN HERITAGE

Docket/Reference Number: 831-371285

Owner: American Cruise Lines, Inc.741 Boston Post RoadGuilford , CONNECTICUT 06437

Correspondence Address: MARK HARRISONVenable LlpPO Box 34385Washington, DC 20043-4385






Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTOwebsite at www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of an application, go to http://tarr.uspto.gov. Please check the status of any application at least every three (3) months after theapplication filing date.

To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=86367665. NOTE: This notice will only be available on-line the

next business day after receipt of this e-mail.

EXHIBIT 10

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)





Input Field Entered


MARK INFORMATION

*MARK AMERICAN CONSTITUTION



LITERAL ELEMENT AMERICAN CONSTITUTION



REGISTER Principal




*CITY Guilford

*STATE



*ZIP/POSTAL CODE

(Required for U.S. applicants)06437


TYPE corporation







ADDITIONAL STATEMENTS SECTION

ACTIVE PRIOR REGISTRATION(S)The applicant claims ownership of active prior U.S.

Registration Number(s) 2908064, 4637450, and 4777732.


NAME Mark Harrison


../RFA0002.JPG



CITY Washington




PHONE 2023444019

FAX 202-344-8300



OTHER APPOINTED ATTORNEYAndrew Price, Rebecca Liebowitz, Halle Markus, Scott Oslick

and Steven Powell


NAME Mark Harrison



CITY Washington




PHONE 2023444019

FAX 202-344-8300

*EMAIL [email protected];[email protected];

[email protected]

*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

FEE INFORMATION

APPLICATION FILING OPTION TEAS RF

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE DUE 275

*TOTAL FEE PAID 275






Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)





MARK: AMERICAN CONSTITUTION (Standard Characters, see mark)

The literal element of the mark consists of AMERICAN CONSTITUTION.





United States




Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified

goods/services.

Claim of Active Prior Registration(s)

The applicant claims ownership of active prior U.S. Registration Number(s) 2908064, 4637450, and 4777732.


Mark Harrison and Andrew Price, Rebecca Liebowitz, Halle Markus, Scott Oslick and Steven Powell of Venable LLP P.O. Box 34385


United States

2023444019(phone)

202-344-8300(fax)

[email protected] (authorized)



Mark Harrison

Venable LLP

P.O. Box 34385


2023444019(phone)

202-344-8300(fax)

[email protected];[email protected]; [email protected] (authorized)

E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney

at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's

attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to

do so will result in an additional processing fee of $50 per international class of goods/services.


Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the

trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the

../RFA0002.JPG')

application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed

an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a

bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory

believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the

mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services

of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are

punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the

validity of the application or any registration resulting therefrom, 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.

Declaration Signature

Signature: Not Provided Date: Not Provided

Signatory's Name: Not Provided

Signatory's Position: Not Provided




Internet Transmission Date: Thu May 19 17:50:19 EDT 2016

TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201605191750191

04599-87043795-550d889ffc3b84a85a954d893

9523a3f14d5c50e7ac1e3e30cc24d81859e5d7d-

DA-4604-20160519173450937908


Sent: Tuesday, June 6, 2017 00:07 AM


Cc: [email protected]

Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 87043795: AMERICAN CONSTITUTION


ISSUE DATE: Jun 6, 2017

U.S. Serial Number: 87043795Mark: AMERICAN CONSTITUTIONDocket/Reference Number:





How to file SOU and/or Extension Request:Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request havemany legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at https://www.uspto.gov/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice,

please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, seehttps://www.uspto.gov/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.



If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the"Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available athttps://www.uspto.gov/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa. Do NOT reply to this e-mail, as e-mailed filings will NOT

be processed.


Mark: AMERICAN CONSTITUTION

Docket/Reference Number:

Owner: American Cruise Lines, Inc.741 Boston Post RoadGuilford , CONNECTICUT 06437

Correspondence Address: Francis J. GormanGorman & Williams36 S. Charles Street, Suite 900Baltimore MD 21201





Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. SeeTMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale oradvertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service,click here.


Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO



https://www.uspto.gov/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process

https://www.uspto.gov/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa

https://www.uspto.gov/trademarks-getting-started/process-overview/trademark-information-network

website at https://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go tohttps://tsdr.uspto.gov/#caseNumber=87043795&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch or contact the Trademark

Assistance Center at 1-800-786-9199. Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go tohttps://tsdr.uspto.gov/#caseNumber=87043795&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch. NOTE: This notice will only be

available on-line the next business day after receipt of this e-mail.

https://www.uspto.gov

https://tsdr.uspto.gov/#caseNumber=87043795&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch

https://tsdr.uspto.gov/#caseNumber=87043795&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch

EXHIBIT 11

United States Patent and Tradem ark Office

Hom e | Site I ndex | Search| FAQ| Glossary| Guides| Contacts| eBusiness| eBiz alerts| New s| Help

Trademarks > Trademark Electronic Search System (TESS)

TESS was last updated on Tue Sep 26 04:51:01 EDT 2017

Please logout when you are done to release system resources allocated for you.

( Use the "Back" button of the Internet Browser to return

to TESS)

Word Mark THE AMERICAN QUEEN STEAMBOAT COMPANY

Goods and Services IC 039. US 100 105. G & S: Transporting passengers and goods by steamers. FIRST USE:

20120620. FIRST USE IN COMMERCE: 20120620

IC 043. US 100 101. G & S: Hotel, restaurant and bar services provided onboard a riverboat.

FIRST USE: 20120620. FIRST USE IN COMMERCE: 20120620

Standard Characters

Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 85305162

Filing Date April 26, 2011

Current Basis 1A

Original Filing Basis 1B

Published for Opposition October 4, 2011

Registration Number 4286568

Registration Date February 5, 2013

Owner (REGISTRANT) HMS American Queen Steamboat Company LLC LIMITED LIABILITY

COMPANY DELAWARE 115 E. Market Street New Albany INDIANA 47150

Prior Registrations 1953532;1953533

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "THE" AND "STEAMBOAT

COMPANY" APART FROM THE MARK AS SHOWN

Type of Mark SERVICE MARK

Register PRINCIPAL-2(F)-IN PART

Live/Dead Indicator LIVE

Distinctiveness Limitation

Statementas to "AMERICAN"

Trademark Electronic Search System (TESS) http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:wzghlv.2.1

1 of 2 9/26/2017, 12:36 PM

EXHIBIT 12

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)





Input Field Entered


MARK INFORMATION

*MARK THE AMERICAN QUEEN STEAMBOAT COMPANY



LITERAL ELEMENT THE AMERICAN QUEEN STEAMBOAT COMPANY



REGISTER Principal


*OWNER OF MARK HMS American Queen Steamboat Company LLC

*STREET 115 E. Market Street

*CITY New Albany

*STATE

(Required for U.S. applicants)Indiana


*ZIP/POSTAL CODE




TYPE limited liability company

STATE/COUNTRY WHERE LEGALLY ORGANIZED Delaware



*IDENTIFICATION Transporting passengers and goods by steamers



*IDENTIFICATION Hotel, restaurant and bar services provided onboard a riverboat



NAME Susan B. Flohr

ATTORNEY DOCKET NUMBER

../APP0002.JPG

ATTORNEY DOCKET NUMBER 810800.06501

FIRM NAME Blank Rome LLP

STREET 600 New Hampshire Ave., N.W.

CITY Washington




PHONE 202.772.5800

FAX 202.772.5858




NAME Susan B. Flohr

FIRM NAME Blank Rome LLP

STREET 600 New Hampshire Ave., N.W.

CITY Washington




PHONE 202.772.5800

FAX 202.772.5858



FEE INFORMATION

NUMBER OF CLASSES 2

FEE PER CLASS 325

*TOTAL FEE DUE 650

*TOTAL FEE PAID 650






PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)





MARK: THE AMERICAN QUEEN STEAMBOAT COMPANY (Standard Characters, see mark)

The literal element of the mark consists of THE AMERICAN QUEEN STEAMBOAT COMPANY.


The applicant, HMS American Queen Steamboat Company LLC, a limited liability company legally organized under the laws of Delaware,

having an address of

115 E. Market Street

New Albany, Indiana 47150

United States



International Class 039: Transporting passengers and goods by steamers



International Class 042: Hotel, restaurant and bar services provided onboard a riverboat




Susan B. Flohr of Blank Rome LLP

600 New Hampshire Ave., N.W.


United States

The attorney docket/reference number is 810800.06501.


Susan B. Flohr

Blank Rome LLP

600 New Hampshire Ave., N.W.


202.772.5800(phone)

202.772.5858(fax)

[email protected] (authorized)





Internet Transmission Date: Tue Apr 26 17:22:09 EDT 2011

TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20110426172209055

627-85305162-480dd1fa289eb19a317615cafd7

../APP0002.JPG

1c3cda7-DA-4196-20110426172022449774

petitioner information

Documents