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: 2799800
REGISTRATION DATE: 12/30/2003

MARK: (Stylized and/or with Design, FINER)

The owner, Buhler AG, a corporation of Switzerland, having an address of
      Gupfenstrasse 5
      CH-9240 Uzwil,
      Switzerland
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 007, 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: Machines for processing foodstuff, namely, machines for processing cocoa and chocolate; agitating mills for separating, mixing and reducing nuts almonds and butter and fat; blade mixers for chocolate mass and it's ingredients; seed crystallization processing machines for chocolate; roll mills for reduction in size of ingredients of a chocolate mass, namely sugar, nuts, cocoa, milk powder; static mixers for separation of sizes of nuts almonds and similar ingredients; refining apparatus, namely, conche machines for conching and refining chocolate masses and chocolate coatings ; 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) photograph of the mark on the goods.
Specimen File1

For International Class 009, 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: Apparatus and instruments, namely computer and control panels for the storage of machine and system data, namely, specific process technology data of cocoa and chocolate products manufacture, control and adjustment of machines and systems, namely, machines for processing foodstuff, namely, machines for processing cocoa and chocolate, dosing systems comprised of dosaging and discharge screw for dosing of ingredients of a chocolate mass, discharger units and silo, agitating mills for separating, mixing and reducing nuts almonds and butter and fat, blade mixers for chocolate mass and it's ingredients, seed crystallization processing machines for chocolate, roll mills for reduction in the size of ingredients of a chocolate mass, namely sugar, nuts, cocoa, milk powder, static mixers for separation of sizes of nuts, almonds and similar ingredients, refining apparatus, namely, conche machines for conching and refining chocolate masses and chocolate coatings; apparatus and instruments, namely computer and control boards for weak-current engineering and control engineering components of machines and systems, namely machines for processing foodstuff, namely, machines for processing cocoa and chocolate, dosing systems comprised of dosaging and discharge screw for dosing of ingredients of a chocolate mass, discharger units and silo, agitating mills for separating, mixing and reducing nuts almonds and butter and fat, blade mixers for chocolate mass and its ingredients, seed crystallization processing machines for chocolate, roll mills for reduction in the size of ingredients of a chocolate mass, namely, sugar nuts, cocoa, milk powder, static mixers for separation of sizes of nuts, almonds and similar ingredients, refining apparatus, namely, conche machines for conching and refining chocolate masses and chocolate coatings; apparatus and systems, namely computer software for process monitoring, process control, namely, mixing, milling and conching apparatus of a chocolate mass for treatment of a chocolate mass by intelligent software technologies; dosing systems comprised of dosaging and discharge screw for dosing of ingredients of a chocolate mass, discharger units and silo ; 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) photograph of a control panel.
Specimen File1

For International Class 037, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.
The registrant's current Attorney Information: Ronald E. Shapiro of  Shapiro and Silverstein PLLC
      11350 Random Hills Road, Suite 740
      Fairfax, Virginia (VA) 22030
      United States
The docket/reference number is T3341-15425U.

The registrant's proposed Attorney Information: Thilo C. Agthe of  Wuersch & Gering LLP
      100 Wall Street, 10th Floor
      New York, New York (NY) 10005
      United States
The docket/reference number is 5045-339.
The Other Appointed Attorney(s): Alina S. Morris.

The phone number is 212-509-5050.

The fax number is 212-509-9559.

The email address is tm-group@wg-law.com.
The registrant's current Correspondence Information: Ronald E. Shapiro of  Shapiro and Silverstein PLLC
      11350 Random Hills Road, Suite 740
      Fairfax, Virginia (VA) 22030
      United States
The docket/reference number is T3341-15425U.

The registrant's proposed Correspondence Information: Thilo C. Agthe of  Wuersch & Gering LLP
      100 Wall Street, 10th Floor
      New York, New York (NY) 10005
      United States
The docket/reference number is 5045-339.


The phone number is 212-509-5050.

The fax number is 212-509-9559.

The email address is tm-group@wg-law.com;thilo.agthe@wg-law.com; alina.morris@wg-law.com.

A fee payment in the amount of $1400 will be submitted with the form, representing payment for 2 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: /Thilo C. Agthe/      Date: 03/21/2014
Signatory's Name: Thilo C. Agthe
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 212-509-5050

Mailing Address (current):
   Shapiro and Silverstein PLLC
   11350 Random Hills Road, Suite 740
   Fairfax, Virginia 22030

Mailing Address (proposed):
   Wuersch & Gering LLP
   100 Wall Street, 10th Floor
   New York, New York 10005

Serial Number: 76424299
Internet Transmission Date: Fri Mar 21 11:52:02 EDT 2014
TEAS Stamp: USPTO/S08N09-XX.XX.XXX.XXX-2014032111520
2883332-2799800-500e1a05e203d93ec725addf
fa32c85bb6c95ca88c1e4854fd6798128ea9e354
5-CC-9556-20140321114401414585