PR-Section 8

PTO Form 1553 (Rev 5/2006)

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

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PTO Form 1553 (Rev 5/2006)

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

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2931217
REGISTRATION DATE: 03/08/2005

MARK: CLARKE

The owner, CLARKE INTERNATIONAL INC., a corporation of United Kingdom, having an address of
      HEMNALL STREET
      EPPING, CM16 4LG
      United Kingdom
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 008, 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: Hand tools, namely, socket sets, end wrenches, ratchet sets, Allen key sets, adjustable wrenches, hammers, pliers, wire cutter/strippers, screwdrivers, hacksaws, and pry bars ; 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) No specimen is being submitted because excusable nonuse is being claimed..
Specimen File1

The following explanation of excusable nonuse has been made of record: On January 8, 2009, the prior owner of this registration (Clarke Power Products, Inc., which was located in the United States) filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code"). As a result of this bankruptcy proceeding, the physical assets and intellectual property (including this mark and this registration of the mark) of Clarke Power Products, Inc. were purchased by the current owner (Clarke Industries Inc., which is located in England) at an auction conducted on June 19, 2009. The assignment of this registration was executed on July 02, 2009 and was subsequently recorded in the U.S. Trademark Office on January 22, 2010. After the filing of the voluntary petition on January 8, 2009, the prior owner (Clarke Power Products, Inc.) continued to sell the products identified in this registration with the mark thereon. Such sales are believed to have continued through at least February of 2009, and those goods are believed to have continued in the stream of commerce for some time thereafter. The current owner's excusable nonuse of the mark can be attributed to its recent acquisition thereof. As stated in Section 1604.11 of the T.M.E.P., temporary nonuse of the mark due to the sale of a business may be considered excusable nonuse. In this instance, the current owner acquired its rights in the mark only slightly more than eight months prior to the filing of this Declaration. A reasonable business person, having recently acquired rights in a mark for goods that are not currently produced or sold, can appreciate that eight months is hardly sufficient to introduce a new product into the stream of commerce. The current owner is currently searching for and expects to find a licensee in the United States who will begin selling the products identified in this registration with the mark thereon. The precise date when such sales would begin is not currently known. However, it is hoped that such sales will begin within by the end of June of 2011.
The registrant's current Attorney Information: Richard S. MacMillan of  MACMILLAN, SOBANSKI & TODD, LLC
      720 WATER STREET
      ONE MARITIME PLAZA, 4TH FLOOR
      TOLEDO, Ohio (OH) 43604
      United States (USX)

The registrant's proposed Attorney Information: Richard S. MacMillan of  MACMILLAN, SOBANSKI & TODD, LLC
      ONE MARITIME PLAZA, 5TH FLOOR
      720 WATER STREET
      TOLEDO, Ohio (OH) 43604
      United States (USX)
The docket/reference number is 1-23832.

The phone number is (419) 255-5900.

The fax number is (419) 255-9639.

The email address is docketing@mstfirm.com.
The registrant's current Correspondence Information: RICHARD S. MACMILLAN of  MACMILLAN, SOBANSKI & TODD, LLC
      720 WATER STREET
      ONE MARITIME PLAZA, 4TH FLOOR
      TOLEDO, Ohio (OH) 43604
      United States (USX)

The registrant's proposed Correspondence Information: RICHARD S. MACMILLAN of  MACMILLAN, SOBANSKI & TODD, LLC
      ONE MARITIME PLAZA, 5TH FLOOR
      720 WATER STREET
      TOLEDO, Ohio (OH) 43604
      United States (USX)
The docket/reference number is 1-23832.

The phone number is (419) 255-5900.

The fax number is (419) 255-9639.

The email address is docketing@mstfirm.com.

A fee payment in the amount of $100 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 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.


Signature: /richardsmacmillan/      Date: 11/11/2010
Signatory's Name: Richard S. MacMillan
Signatory's Position: Attorney of record, Ohio bar member

Mailing Address (current):
   MACMILLAN, SOBANSKI & TODD, LLC
   ONE MARITIME PLAZA, 4TH FLOOR
   TOLEDO, Ohio 43604

Mailing Address (proposed):
   MACMILLAN, SOBANSKI & TODD, LLC
   720 WATER STREET
   TOLEDO, Ohio 43604

Serial Number: 76409824
Internet Transmission Date: Thu Nov 11 06:54:25 EST 2010
TEAS Stamp: USPTO/SECT08-XX.XX.XXX.XXX-2010111106542
5414751-2931217-470a6bda24f3c9c9f15768ba
771d5cd86-DA-8222-20101111064103612901