| PTO Form 1563 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 07/31/2018) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
The table below presents the data as entered.
Input Field
|
Entered
|
| REGISTRATION NUMBER |
3474541 |
| REGISTRATION DATE |
07/29/2008 |
| SERIAL NUMBER |
77043594 |
| MARK SECTION |
| MARK |
DURALAST |
| ATTORNEY SECTION (current) |
| NAME |
Alan S. Cooper |
| FIRM NAME |
Wiley Rein LLP |
| STREET |
1776 K Street, NW |
| CITY |
Washington |
| STATE |
District of Columbia |
| POSTAL CODE |
20006 |
| COUNTRY |
United States |
| PHONE |
202-719-7000 |
| FAX |
202-719-7049 |
| EMAIL |
acooper@wileyrein.com |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
| CORRESPONDENCE SECTION (current) |
| NAME |
Alan S. Cooper |
| FIRM NAME |
Wiley Rein LLP |
| STREET |
1776 K Street, NW |
| CITY |
Washington |
| STATE |
District of Columbia |
| POSTAL CODE |
20006 |
| COUNTRY |
United States |
| PHONE |
202-719-7000 |
| FAX |
202-719-7049 |
| EMAIL |
acooper@wileyrein.com |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Alan S. Cooper |
| FIRM NAME |
Wiley Rein LLP |
| STREET |
1776 K Street, NW |
| CITY |
Washington |
| STATE |
District of Columbia |
| POSTAL CODE |
20006 |
| COUNTRY |
United States |
| PHONE |
202-719-7000 |
| FAX |
202-719-7049 |
| EMAIL |
acooper@wileyrein.com;tmyers@wileyrein.com; tmdocket@wileyrein.com |
| AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
006 |
| GOODS OR SERVICES |
Metal tool boxes except for those specifically designed and intended for use in roofing applications |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\770\435\77043594\xml3\ S080002.JPG |
| SPECIMEN DESCRIPTION |
photograph of mark as used on product |
| INTERNATIONAL CLASS |
007 |
|
|
| GOODS OR SERVICES TO BE DELETED |
spark plugs |
| GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE |
Ignition components, namely, ignition wires and coil on spark plug insulators for land vehicles; distributor caps, water pumps, all for land
vehicles; and timing belts for engines for land vehicles |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\770\435\77043594\xml3\ S080003.JPG |
| SPECIMEN DESCRIPTION |
photograph of mark as used on product |
| INTERNATIONAL CLASS |
008 |
| GOODS OR SERVICES |
Stands for hand jacks |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\770\435\77043594\xml3\ S080004.JPG |
| SPECIMEN DESCRIPTION |
photograph of mark as used on product |
| INTERNATIONAL CLASS |
009 |
|
|
| GOODS OR SERVICES TO BE DELETED |
oxygen sensors for motors and engines |
| GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE |
Battery cables; battery terminal protectors; marine batteries; thermostats for motors and engines; Washers made of felt specially adapted for
use with car batteries |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\770\435\77043594\xml3\ S080005.JPG |
| SPECIMEN DESCRIPTION |
photograph of mark as used on product |
| INTERNATIONAL CLASS |
012 |
|
|
| GOODS OR SERVICES TO BE DELETED |
shock absorbers |
| GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE |
Vehicle parts, namely, ball joints, idler arms, king pins, chassis, gears, universal joints, control arms, tie rods ends, bushings, drag
links, CV axles, and master cylinders; brake drums; brake rotors for land vehicles; clutch discs for land vehicles, clutch sets for land vehicles composed of clutch disc, pressure plate, release
bearing, pilot bushing/bearing and alignment tool; control arm shaft kits for suspensions for vehicles consisting of a control arm shaft, control arm bushings, and nuts; land vehicle suspension
parts, namely, torsion/sway bars, coil springs, and stabilizer links; V belts for land vehicle transmissions; multi V belts for land vehicle transmissions; universal joints for land vehicles;
windshield wiper blades, all for land vehicles |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\770\435\77043594\xml3\ S080006.JPG |
| SPECIMEN DESCRIPTION |
photograph of label as used on box for product |
| OWNER SECTION (current) |
| NAME |
AutoZone Parts, Inc. |
| STREET |
123 South Front Street |
| CITY |
Memphis |
| STATE |
Tennessee |
| ZIP/POSTAL CODE |
38103 |
| COUNTRY |
United States |
| LEGAL ENTITY SECTION (current) |
| TYPE |
corporation |
| STATE/COUNTRY OF INCORPORATION |
Nevada |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
5 |
| NUMBER OF CLASSES PAID |
5 |
| SUBTOTAL AMOUNT |
500 |
| TOTAL FEE PAID |
500 |
| SIGNATURE SECTION |
| SIGNATURE |
/bls/ |
| SIGNATORY'S NAME |
Brett Shanaman |
| SIGNATORY'S POSITION |
VP of Marketing |
| DATE SIGNED |
07/22/2014 |
| SIGNATORY'S PHONE NUMBER |
202-719-7000 |
| PAYMENT METHOD |
DA |
| FILING INFORMATION |
| SUBMIT DATE |
Tue Jul 22 16:23:34 EDT 2014 |
| TEAS STAMP |
USPTO/SECT08-XXX.XXX.XXX.
X-20140722162334095422-34
74541-50080ea2f28c27bceaa
4ff5eb6123dde48bdff2b679c
f875a55bfc0148250849-DA-2
802-20140711160209064488 |
| PTO Form 1563 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 07/31/2018) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
To the Commissioner for Trademarks:
REGISTRATION NUMBER: 3474541
REGISTRATION DATE: 07/29/2008
MARK: DURALAST
The owner, AutoZone Parts, Inc., a corporation of Nevada, having an address of
123 South Front Street
Memphis, Tennessee 38103
United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.
For International Class 006, 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: Metal tool boxes except for those specifically designed and intended for use in roofing applications ; 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 mark as used on product.
Specimen File1
For International Class 007, this filing does
NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently
deleted from the registration: spark plugs
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable
nonuse claim: Ignition components, namely, ignition wires and coil on spark plug insulators for land vehicles; distributor caps, water pumps, all for land vehicles; and timing belts for engines for
land vehicles
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 mark as used on product.
Specimen File1
For International Class 008, 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: Stands for hand jacks ; 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 mark as used on product.
Specimen File1
For International Class 009, this filing does
NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently
deleted from the registration: oxygen sensors for motors and engines
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable
nonuse claim: Battery cables; battery terminal protectors; marine batteries; thermostats for motors and engines; Washers made of felt specially adapted for use with car batteries
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 mark as used on product.
Specimen File1
For International Class 012, this filing does
NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently
deleted from the registration: shock absorbers
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable
nonuse claim: Vehicle parts, namely, ball joints, idler arms, king pins, chassis, gears, universal joints, control arms, tie rods ends, bushings, drag links, CV axles, and master cylinders; brake
drums; brake rotors for land vehicles; clutch discs for land vehicles, clutch sets for land vehicles composed of clutch disc, pressure plate, release bearing, pilot bushing/bearing and alignment
tool; control arm shaft kits for suspensions for vehicles consisting of a control arm shaft, control arm bushings, and nuts; land vehicle suspension parts, namely, torsion/sway bars, coil springs,
and stabilizer links; V belts for land vehicle transmissions; multi V belts for land vehicle transmissions; universal joints for land vehicles; windshield wiper blades, all for land vehicles
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 label as used on box for
product.
Specimen File1
The registrant's current Correspondence Information: Alan S. Cooper of Wiley Rein LLP
1776 K Street, NW
Washington, District of Columbia (DC) 20006
United States
The registrant's proposed Correspondence Information: Alan S. Cooper of Wiley Rein LLP
1776 K Street, NW
Washington, District of Columbia (DC) 20006
United States
The phone number is 202-719-7000.
The fax number is 202-719-7049.
The email address is acooper@wileyrein.com;tmyers@wileyrein.com; tmdocket@wileyrein.com.
A fee payment in the amount of $500 will be submitted with the form, representing payment for 5 class(es), plus any additional grace period fee, if necessary.
Declaration
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.
Signature: /bls/ Date: 07/22/2014
Signatory's Name: Brett Shanaman
Signatory's Position: VP of Marketing
Signatory's Phone Number: 202-719-7000
Mailing Address:
Wiley Rein LLP
1776 K Street, NW
Washington, District of Columbia 20006
Serial Number: 77043594
Internet Transmission Date: Tue Jul 22 16:23:34 EDT 2014
TEAS Stamp: USPTO/SECT08-XXX.XXX.XXX.X-2014072216233
4095422-3474541-50080ea2f28c27bceaa4ff5e
b6123dde48bdff2b679cf875a55bfc0148250849
-DA-2802-20140711160209064488
