Statement of Use

ULTRA GUARD

SWIMC, INC.

Trademark/Service Mark Statement of Use

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76581576
LAW OFFICE ASSIGNED LAW OFFICE 114
NOTICE OF ALLOWANCE YES
EXTENSION OF USE NO
REQUEST TO DIVIDE NO
MARK SECTION
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT ULTRA GUARD
OWNER SECTION (no change)
ATTORNEY SECTION (current)
NAME Frank P. Presta
DOCKET NUMBER 2955-144
ATTORNEY SECTION (proposed)
NAME Eryn Ace Fuhrer, Reg. No. 44,491
DOCKET NUMBER 7964A
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 002
GOODS AND/OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 12/29/2005
FIRST USE IN COMMERCE DATE 12/29/2005
SPECIMEN FILE NAME(S) \\TICRS\EXPORT2\IMAGEOUT2\765\815\76581576\xml1\SOU0002.JPG
        \\TICRS\EXPORT2\IMAGEOUT2 \765\815\76581576\xml1\SO U0003.JPG
SPECIMEN DESCRIPTION front and back panels of an ULTRA GUARD Flat Exterior Latex product label
PAYMENT SECTION
NUMBER OF CLASSES 1
SUBTOTAL AMOUNT 100
TOTAL AMOUNT 100
SIGNATURE SECTION
SIGNATURE /Louis E. Stellato/
SIGNATORY NAME Louis E. Stellato
SIGNATORY DATE 10/25/2006
SIGNATORY POSITION Vice President, General Counsel and Secretary
FILING INFORMATION
SUBMIT DATE Wed Oct 25 09:30:30 EDT 2006
TEAS STAMP USPTO/SOU-XXX.XXX.XX.XXX-
20061025093031062070-7658
1576-340117be93837f7d1ae1
25104d304f59be-DA-1136-20
061024154947511687



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:

MARK: ULTRA GUARD
SERIAL NUMBER: 76581576

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, SHERWIN-WILLIAMS COMPANY, THE, having an address of 101 PROSPECT AVENUE NW, CLEVELAND, Ohio United States 44115, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 002, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/29/2005, and first used in commerce at least as early as 12/29/2005, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) front and back panels of an ULTRA GUARD Flat Exterior Latex product label.
Specimen-1
Specimen-2

The applicant hereby appoints Eryn Ace Fuhrer, Reg. No. 44,491 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 7964A.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark 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 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: /Louis E. Stellato/      Date Signed: 10/25/2006
Signatory's Name: Louis E. Stellato
Signatory's Position: Vice President, General Counsel and Secretary

RAM Sale Number: 1136
RAM Accounting Date: 10/25/2006

Serial Number: 76581576
Internet Transmission Date: Wed Oct 25 09:30:30 EDT 2006
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-200610250930310
62070-76581576-340117be93837f7d1ae125104
d304f59be-DA-1136-20061024154947511687


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