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: 2866030
REGISTRATION DATE: 07/27/2004

MARK: SEEDMASTER

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 foodstuffs, in particular machines for processing cocoa and chocolate; and dosing/discharge screw; seed crystallisation systems comprised of storing bins for chocolate mass, static mixers ; 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 machine with the mark applied.
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: Apparatuses and instruments for the storage of machine and system data, as well as specific process technology data of cocoa and chocolate products manufacture, control and adjustment of machines and systems, namely computer and control panels, software, monitoring means, and memories; apparatus and instruments for weak-current engineering and control engineering components of machines and systems, namely switches, panels, power packs, and control circuits for machines for processing cocoa and chocolate; apparatuses and systems for process monitoring, process control by intelligent software technologies, namely computers and software for milling, mixing and conching apparatuses ; 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
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 T3341-16736U.

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 5045-371.
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 T3341-16736U.

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 5045-371.


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/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


The signatory being 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 submission, 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.

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: 11/17/2014
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: 76436078
Internet Transmission Date: Mon Nov 17 16:35:13 EST 2014
TEAS Stamp: USPTO/S08N09-XX.XX.XXX.XXX-2014111716351
3100716-2866030-50040eda2d31ae2cf5be8e47
23e7ccd172bb872d1f629d95b424b2c3c7dfe777
ec-CC-3392-20141117162309790233