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: 2830688
REGISTRATION DATE: 04/06/2004

MARK: ECOBALLAST

The owner, AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC., DBA ABC SUPPLY CO., INC., a corporation of Delaware, having an address of
      One ABC Parkway
      Beloit, Wisconsin 53511-4441
      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 019, 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: Modular ballast system for membrane roofs, and components therefor, consisting of modular trays used to hold loose ballast materials on a roofing membrane, tray connectors, mesh tray covers, tray-edge finishing strips and tray drying wicking ; 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) Picture of shipping box using the mark for the goods covered by the registration.
Specimen File1

MISCELLANEOUS STATEMENTS
Explanation of minor correction to registrant's name: the registrant's legal name actually uses "&", rather than spelling it out as "AND" as was previously shown in the record

The registrant's current Correspondence Information: Todd W. Burkett of  LEO & BROOKS, LLC
      200 RANDOLPH AVE, STE 200
      HUNTSVILLE, Alabama (AL) 35801
      United States


The registrant's proposed Correspondence Information: Todd Burkett of  Leo Law Firm, LLC
      200 Randolph Ave., Ste 200
      HUNTSVILLE, Alabama (AL) 35801
      United States



The phone number is (256)539-6000 extension 3203.

The fax number is (256)539-6024.

The email address is tburkett@leo-law.com;tburkett@leo-law.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 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: /Todd W. Burkett/      Date: 02/04/2014
Signatory's Name: Todd W. Burkett
Signatory's Position: Attorney of record, Alabama bar member
Signatory's Phone Number: (256)539-6000

Serial Number: 76465371
Internet Transmission Date: Tue Feb 04 15:59:17 EST 2014
TEAS Stamp: USPTO/S08N09-XX.XX.XXX.XXX-2014020415591
7042246-2830688-5006d96a5fca8f2edf01876c
3099e21f6ee13d8d2f28c593976f5dfa766b8887
-CC-2646-20140204154746118230