PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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: 2511886
REGISTRATION DATE: 11/27/2001

MARK: AUSTIN

The owner, AUSTIN POWDER COMPANY, a corporation of Ohio, having an address of
      25800 Science Park Drive
      Cleveland, Ohio 44122
      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 013, the mark is in use in commerce on or in connection with all goods or services listed in the existing registration for this specific class: BLASTING PRODUCTS, NAMELY, BULK AND PACKAGED EXPLOSIVES, DETONATORS FOR EXPLOSIVES, DETONATING CORD, AND DETONATOR CONNECTING BLOCKS ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Digital photograph of packaging for goods showing mark.
Specimen File1
The registrant's current Attorney Information: Philip J. Moy Jr. of  FAY SHARPE LLP
      1228 EUCLID AVENUE
      THE HALLE BUILDING, 5TH FLOOR
      CLEVELAND, Ohio (OH) 44115
      United States (USX)

The registrant's proposed Attorney Information: Philip J. Moy Jr. of  FAY SHARPE LLP
      1228 EUCLID AVENUE
      THE HALLE BUILDING, 5TH FLOOR
      CLEVELAND, Ohio (OH) 44115
      United States (USX)
The docket/reference number is ATNZ500033US01.

The phone number is 216-363-9000.

The fax number is 216-363-9001.

The email address is USPTO@FaySharpe.com.
The registrant's current Correspondence Information: PHILIP J. MOY JR. of  FAY SHARPE LLP
      1228 EUCLID AVENUE
      THE HALLE BUILDING, 5TH FLOOR
      CLEVELAND, Ohio (OH) 44115
      United States (USX)

The registrant's proposed Correspondence Information: PHILIP J. MOY JR. of  FAY SHARPE LLP
      1228 EUCLID AVENUE
      THE HALLE BUILDING, 5TH FLOOR
      CLEVELAND, Ohio (OH) 44115
      United States (USX)
The docket/reference number is ATNZ500033US01.

The phone number is 216-363-9000.

The fax number is 216-363-9001.

The email address is USPTO@FaySharpe.com.

A fee payment in the amount of $500 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use 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.

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

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.


Signature: /Philip J. Moy Jr./      Date: 09/14/2011
Signatory's Name: Philip J. Moy Jr.
Signatory's Position: Attorney of Record, Ohio Bar Member

Mailing Address (current):
   FAY SHARPE LLP
   THE HALLE BUILDING, 5TH FLOOR
   CLEVELAND, Ohio 44115

Mailing Address (proposed):
   FAY SHARPE LLP
   THE HALLE BUILDING, 5TH FLOOR
   CLEVELAND, Ohio 44115

Serial Number: 76005823
Internet Transmission Date: Wed Sep 14 10:49:58 EDT 2011
TEAS Stamp: USPTO/S08N09-XX.XXX.XX.XXX-2011091410495
8994152-2511886-480ec569cb1a2eb7044f4a24
9a1fbd573-CC-8014-20110914104005902870