Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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

To the Commissioner for Trademarks:

MARK: LEVEL
SERIAL NUMBER: 77008458

The applicant, Moen Incorporated, having an address of
      25300 Al Moen Drive
      North Olmsted, Ohio 440708022
      United States
is submitting the following allegation of use information:

For International Class 011:
Current identification: Faucets, namely, lavatory faucets, kitchen faucets, bar sink faucets, roman tub faucets, faucet handles, faucet cartridges and faucet valves; shower and tub fixtures, namely, tub spouts, shower heads, shower head sprayers, hand held showers, hand held shower heads, and slide bars therefor; shower valves, tub/shower valves, tub/shower diverter valves, tub waste assemblies; sinks; plumbing accessories, namely, faucet aerators, faucet filters, faucet sprayers, kitchen sink sprayers; and toilet tank flush levers

This allegation of use does NOT cover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a Request to Divide: bar sink faucets, shower head sprayers, hand held shower heads, and slide bars therefor, tub waste assemblies; sinks; faucet filters; and toilet tank flush levers

The mark is in use in commerce on or in connection with the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Faucets, namely, lavatory faucets, kitchen faucets, roman tub faucets, faucet handles, faucet cartridges and faucet valves; shower and tub fixtures, namely, tub spouts, shower heads, hand held showers, shower valves, tub/shower valves, tub/shower diverter valves; plumbing accessories, namely, faucet aerators, faucet sprayers, and kitchen sink sprayers.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/07/2007, and first used in commerce at least as early as 03/07/2007, 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) Photo of product label.
Specimen File1
Specimen File2



The applicant is not filing a Request to Divide with this Allegation of Use form.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use 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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the form is being filed under 15 U.S.C. Section 1126(d) or (e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /Ryan W. Falk/      Date Signed: 12/11/2009
Signatory's Name: Ryan W. Falk
Signatory's Position: Attorney of record, Ohio bar member

RAM Sale Number: 3106
RAM Accounting Date: 12/14/2009

Serial Number: 77008458
Internet Transmission Date: Fri Dec 11 16:46:45 EST 2009
TEAS Stamp: USPTO/SOU-XXX.XX.XX.X-200912111646457673
14-77008458-460991232aa70b555415779b6348
8efe41a-DA-3106-20091211163754830911