PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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: 2436693
REGISTRATION DATE: 03/20/2001

MARK: EARTHGUARD

Current: The owner, LSC ENVIRONMENTAL PRODUCTS, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2183 PENNSYLVANIA AVENUE
      APALACHIN, New York 13732
      United States

Proposed: The owner, LSC ENVIRONMENTAL PRODUCTS, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2183 PENNSYLVANIA AVENUE
      APALACHIN, New York 13732
      United States
      607-625-3050
      XXXX
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 001, 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: Chemical compound, namely an anionic polyacrylamide, used to stabilize soil and control erosion ; 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) Digital images showing use of the mark on the goods..

Original PDF file:
SPN0-26046000e3c859003d37 5ef3e6dd8154-202003241413 37700034_._0726088_-_Spec imen_-_Earthguard_jug__53 0011xD16FB_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-26046000e3c859003d37 5ef3e6dd8154-202003241413 37700034_._0726088_-_Spec imen_-_Earthguard_bag__53 0010xD16FB_.pdf
Converted PDF file(s) (1 page)
Specimen File1

The owner's/holder's current attorney information: Nicholas Mesiti. Nicholas Mesiti of Heslin Rothenberg Farley & Mesiti P.C., is located at

      5 Columbia Circle
      Albany, New York 12203
      United States
The docket/reference number is 0726.088.

The phone number is 518-452-5600.

The email address is dock@hrfmlaw.com

The owner's/holder's proposed attorney information: Nicholas Mesiti. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith.. Nicholas Mesiti of Heslin Rothenberg Farley & Mesiti P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      5 Columbia Circle
      Albany, New York 12203
      United States
The docket/reference number is 0726.088.

The phone number is 518-452-5600.

The fax number is 518-452-5579.

The email address is dock@hrfmlaw.com

Nicholas Mesiti submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      Nicholas Mesiti
      PRIMARY EMAIL FOR CORRESPONDENCE: dock@hrfmlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nick.mesiti@hrfmlaw.com; patricia.williams@hrfmlaw.com

The docket/reference number is 0726.088.
Correspondence Information (proposed):
      Nicholas Mesiti
      PRIMARY EMAIL FOR CORRESPONDENCE: dock@hrfmlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nick.mesiti@hrfmlaw.com; patricia.williams@hrfmlaw.com

The docket/reference number is 0726.088.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $425 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 this submission and the 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: /Nicholas Mesiti/    Date: 03/24/2020
Signatory's Name: Nicholas Mesiti
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone: 518-452-5600

Mailing Address (current):
   Heslin Rothenberg Farley & Mesiti P.C.
   5 Columbia Circle
   Albany, New York 12203

Mailing Address (proposed):
   Heslin Rothenberg Farley & Mesiti P.C.
   5 Columbia Circle
   Albany, New York 12203

Serial Number: 75857142
Internet Transmission Date: Tue Mar 24 16:18:08 ET 2020
TEAS Stamp: USPTO/S08N09-XXXX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX:XXXX-20200324161808679035-243669
3-7104175fd127efe3d47b4365ae4889cf212c08
db5e7d9601e4ff4773f15a7f9998d-DA-1808713
3-20200324141337700034