Notice of Allowance

XTERRA

Kubota Matsushitadenko Exterior Works, Ltd.

Notice of Allowance


U.S. Patent and Trademark Office (USPTO) NOTICE OF ALLOWANCE

NOTE: If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 571-273-9550. Please include the serial number of your application on ALL correspondence with the USPTO.

ISSUE DATE: Jul 14, 2009

Lee Cheng
Cheng Law Group, PLLC
Suite 503
1100 17th Street, N.W.
Washington DC 20036

** IMPORTANT INFORMATION: 6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce. You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark. You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of Use ("Extension Request"). If you file an extension request, you must continue to file a new request every six months until the Statement of Use is filed. Applicant may file a total of five (5) extension requests. FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION.

Please note that both the "Statement of Use " and "Extension Request" have many legal requirements including fees. Therefore, we encourage use of the USPTO forms, available online at http://www.gov.uspto.report/teas/index.html (under "File a PRE-registration form"), to avoid the possible omission of important information. Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online. If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s).

** Registration Subject to Cancellation for Fraudulent Statements **

Ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of your trademark registration. The lack of a bona fide intention to use the mark with all goods and/or services included in an application or the lack of use on all goods and/or services for which you claimed use could jeopardize the validity of your registration, possibly resulting in its cancellation.

The following information should be reviewed for accuracy:

SERIAL NUMBER:	76/636292
MARK:	XTERRA (STANDARD CHARACTER MARK)
OWNER:	Kubota Matsushitadenko Exterior Works, Ltd. 2-27, Siromi 1-chome, Chuo-ku Osaka-shi, Osaka , JAPAN

This application has the following bases, but not necessarily for all listed goods/services:

Section 1(a): NO

Section 1(b): YES

Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

019 -

Tar and pitch; Non-metallic minerals for building or construction; Ceramic building materials, bricks and refractory products, namely, fired bricks, insulating refractory bricks, clay roofing tiles, terra cotta, ceramic roofing tiles, ceramic drain pipes, clay pipes and conduits, unfired bricks, mortars, refractory shapes made of pyrophilite; Plastic building materials, namely, plastic wallboards, plastic boundary marking posts, plastic tiles, plastic floorboards, plastic rain gutters; Asphalt, and asphalt building or construction materials, namely, asphalt, asphalt felt, asphalt roofing felt, asphalt roofing paper; Plaster; Lime building or construction materials, namely, silica calcium boards; Building or construction materials of plaster, namely, boards of plaster; Rockfall prevention nets of textile; Prefabricated building kits, not of metal, namely, shed kits and barn kits consisting of fiber cement, bricks and concrete blocks; Vegetation seed-carrier sheets for prevention of earth collapse or landslide, Plastic security windows allowing communication, Cement and its products, namely, alumina cement, Portland blast-furnace slag cement, concrete pipes, concrete piles, concrete road pavement boards, concrete poles, namely, concrete poles for electric power lines, concrete utility poles, concrete blocks, silica cement, asbestos roofing tiles, asbestos cement boards, asbestos cement pipes, asbestos cement slates, asbestos cement chimneys, slag-lime cement, cement mortar roofing tiles, cement motor pipes, cement mortar slates, hume pipes, namely, drain pipes made of concrete and non-metal water pipes, Portland cement, magnesic cement, wood-fiber reinforced cement boards; Building timber; Building stone; Building glass; Non-metal artificial fish reefs; Prefabricated hen-houses and poultry cages, not of metal; Paint spraying booths, not of metal; Moulds for forming cement products, not of metal; Non-luminous and non-mechanical road signs, not of metal; Liquid storage tanks of masonry for building purposes; Water tanks of masonry for industrial purposes; Water tanks of masonry for household purposes; Mooring bits and bollards, not of metal; Letter boxes of masonry; Joinery fittings, not of metal; Transportable greenhouses for household purposes, not of metal; Gravestones and tomb plaques, not of metal; Diving platforms, not of metal; Stone sculptures; Concrete sculptures; Marble sculptures; Boards and powder of inorganic fiber, not of asbestos, namely, boards and powders of rock wool, boards and powder of glass fiber; and Plaster boards; and Slag stone -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED

ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS