PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2679320
REGISTRATION DATE: 01/28/2003

MARK: ASTM

The owner, American Society for Testing and Materials, a corporation of Pennsylvania, having an address of
      100 Barr Harbor Drive
      West Conshohocken, Pennsylvania 19428
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 016, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: books featuring information on standardization of specifications and the methods of testing for cement and concrete materials, cement, chemical-resistant nonmetallic materials, lime, concrete and concrete aggregates, mortars and grouts for unit masonry, concrete pipe, manufactured masonry units, fiber-reinforced cement products, precast concrete products; ceramics materials, refractories, glass and glass products, ceramic whitewares and related products, advanced ceramics, composite materials; chemicals, engine coolants, aromatic hydrocarbons and related chemicals, halogenated organic solvents and fire extinguishing agents, industrial and specialty chemicals; construction materials including but not limited to engineering, vitrified clay pipe, gypsum and related building materials and systems, thermal insulation, dimension stone, building seals and sealants, road and paving materials, wood, roofing, waterproofing, bituminous materials, soil and rock, geosynthetics, vehicle-pavement systems, resilient floor coverings, plastic piping systems; electronics and electrical insulation, electrical and electronic insulating materials, electrical insulating liquids and gases, electronics; end use products, soaps and other detergents, polishes, leather, sports equipment, vacuum cleaners, fences, amusement rides and devices, food service equipment; energy - nuclear fuel cycle, solar, geothermal, and other alternative energy sources; environment, waste management, pesticides, hazardous substances; general products - adhesives, activated carbon; health care, medical and surgical materials and devices, anesthetic and respiratory equipment; metal products, steel, stainless steel and related alloys, iron castings, metallic-coated iron and steel products, magnetic properties, electrical conductors, nonferrous metals and alloys, copper and copper alloys, light metals and alloys, metal powders and metal powder products, reactive and refractory metals and alloys, fasteners; paints and coatings, metallic and inorganic coatings, paint and related coatings, materials and applications, protective coating and lining work for power generation facilities; paper and packaging, paper and paper products, packaging, flexible barrier materials; petroleum products, lubricants, and fossil fuels - petroleum products and lubricants, gaseous fuels, coal and coke, catalysts; plastics, plastic piping systems; rubber, carbon black, gaskets, tires; safety, electrical protective equipment for workers, protective clothing ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) page from website showing mark on publication.
Specimen File1

For International Class 035, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: promoting public awareness of the need for standards for reliable materials, products, systems and services to improve public health and safety and the overall quality of life ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) page from website showing use of mark in connection with services.
Specimen File1

For International Class 041, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: educational services, namely, conducting symposia and committee meetings in the field of standardization of specifications and methods of testing for cement and concrete materials, cement, chemical-resistant nonmetallic materials, lime, concrete and concrete aggregates, mortars and grouts for unit masonry, concrete pipe, manufactured masonry units, fiber-reinforced cement products, precast concrete products; ceramics materials - refractories, glass and glass products, ceramic whitewares and related products, advanced ceramics, composite materials; chemicals, engine coolants, aromatic hydrocarbons and related chemicals, halogenated organic solvents and fire extinguishing agents, industrial and specialty chemicals; construction materials including but not limited to engineering, vitrified clay pipe, gypsum and related building materials and systems, thermal insulation, dimension stone, building seals and sealants, road and paving materials, wood, roofing, waterproofing, bituminous materials, soil and rock, geosynthetics, vehicle-pavement systems, resilient floor coverings, plastic piping systems; electronics and electrical insulation, electrical and electronic insulating materials, electrical insulating liquids and gases, electronics; end use products, soaps and other detergents, polishes, leather, sports equipment, vacuum cleaners, fences, amusement rides and devices, food service equipment; energy, nuclear fuel cycle, solar, geothermal, and other alternative energy sources; environment, waste management, pesticides, hazardous substances; general products - adhesives, activated carbon; health care, medical and surgical materials and devices, anesthetic and respiratory equipment; metal products, steel, stainless steel and related alloys, iron castings, metallic-coated iron and steel products, magnetic properties, electrical conductors, nonferrous metals and alloys, copper and copper alloys, light metals and alloys, metal powders and metal powder products, reactive and refractory metals and alloys, fasteners; paints and coatings - metallic and inorganic coatings, paint and related coatings, materials and applications, protective coating and lining work for power generation facilities; paper and packaging, paper and paper products, packaging, flexible barrier materials; petroleum products, lubricants, and fossil fuels, petroleum products and lubricants, gaseous fuels, coal and coke, catalysts; plastics, plastic piping systems; rubber, carbon black, gaskets, tires; safety, electrical protective equipment for workers, protective clothing ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) page from website showing use of mark in connection with services.
Specimen File1

For International Class 042, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: providing a website on global computer networks featuring information in the field of specifications and methods of testing for cement and concrete materials, cement, chemical-resistant nonmetallic materials, lime, concrete and concrete aggregates, mortars and grouts for unit masonry, concrete pipe, manufactured masonry units, fiber-reinforced cement products, precast concrete products; ceramics materials, refractories, glass and glass products, ceramic whitewares and related products, advanced ceramics, composite materials; chemicals - engine coolants, aromatic hydrocarbons and related chemicals, halogenated organic solvents and fire extinguishing agents, industrial and specialty chemicals; construction materials including but not limited to engineering - vitrified clay pipe, gypsum and related building materials and systems, thermal insulation, dimension stone, building seals and sealants, road and paving materials, wood, roofing, waterproofing, bituminous materials, soil and rock, geosynthetics, vehicle-pavement systems, resilient floor coverings, plastic piping systems; electronics and electrical insulation, electrical and electronic insulating materials, electrical insulating liquids and gases, electronics; end use products, soaps and other detergents, polishes, leather, sports equipment, vacuum cleaners, fences, amusement rides and devices, food service equipment; energy, nuclear fuel cycle, solar, geothermal, and other alternative energy sources; environment, waste management, pesticides, hazardous substances; general products - adhesives, activated carbon; health care, medical and surgical materials and devices, anesthetic and respiratory equipment; metal products, steel, stainless steel and related alloys, iron castings, metallic-coated iron and steel products, magnetic properties, electrical conductors, nonferrous metals and alloys, copper and copper alloys, light metals and alloys, metal powders and metal powder products, reactive and refractory metals and alloys, fasteners; paints and coatings, metallic and inorganic coatings, paint and related coatings, materials and applications, protective coating and lining work for power generation facilities; paper and packaging, paper and paper products, packaging, flexible barrier materials; petroleum products, lubricants, and fossil fuels, petroleum products and lubricants, gaseous fuels, coal and coke, catalysts; plastics, plastic piping systems; rubber, carbon black, gaskets, tires; safety, electrical protective equipment for workers, protective clothing ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) page from website showing use of mark in connection with services.
Specimen File1
The registrant's current Attorney Information: Carole R. Klein of  MORGAN, LEWIS & BOCKIUS LLP
      1111 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia (DC) 20004
      United States


The registrant's proposed Attorney Information: Carole R. Klein of  MORGAN, LEWIS & BOCKIUS LLP
      1111 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia (DC) 20004
      United States
The docket/reference number is 060525.0005.0161.
The Other Appointed Attorney(s): the firm of Morgan, Lewis & Bockius LLP, MICHAEL F. CLAYTON, JAMES R. SIMS III, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, GENE K. PARK, MEGAN K. BOWEN, DANA S. GROSS, DANIEL S. MARKS, JORDANA S. RUBEL, DANA M. NICOLETTI and ZARUI A. KOCHARYAN, members of the District of Columbia Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT and CARLA B. OAKLEY, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, and ANDREW J. GRAY IV, member of the California Bar, located at 2 Palo Alto Square, Suite 700, 3000 El Camino Real, Palo Alto, California 94306, all of whom should receive correspondence and documents related to this application through the offices.

The phone number is 202-739-5517.

The fax number is 202-739-3001.

The email address is trademarks@morganlewis.com.
The registrant's current Correspondence Information: CAROLE R. KLEIN of  MORGAN, LEWIS & BOCKIUS LLP
      1111 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia (DC) 20004
      United States


The registrant's proposed Correspondence Information: CAROLE R. KLEIN of  MORGAN, LEWIS & BOCKIUS LLP
      1111 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia (DC) 20004
      United States
The docket/reference number is 060525.0005.0161.


The phone number is 202-739-5517.

The fax number is 202-739-3001.

The email address is trademarks@morganlewis.com.

A fee payment in the amount of $2000 will be submitted with the form, representing payment for 4 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


The undersigned being hereby 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: s/ Thomas B. O'Brien, Jr. /      Date: 01/14/2013
Signatory's Name: Thomas B. O'Brien, Jr.
Signatory's Position: Vice President and General Counsel
Signatory's Phone Number: 202-739-5517

Mailing Address (current):
   MORGAN, LEWIS & BOCKIUS LLP
   1111 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004

Mailing Address (proposed):
   MORGAN, LEWIS & BOCKIUS LLP
   1111 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004

Serial Number: 75638698
Internet Transmission Date: Mon Jan 14 13:27:52 EST 2013
TEAS Stamp: USPTO/S08N09-XX.XXX.XX.X-201301141327524
44842-2679320-490cad375fba55f1587c5e5bd4
67f8722a6-DA-11878-20130109124810129704