Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77112767

Filing Date: 02/21/2007

To the Commissioner for Trademarks:

MARK: TEMPRA-SURE (Standard Characters, see mark)
The literal element of the mark consists of TEMPRA-SURE. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, SPX Corporation, a corporation of Delaware, having an address of 13515 Ballantyne Corporate Place, Charlotte, North Carolina, United States, 28277, requests registration of the trademark/service mark identified above 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.

       International Class 009:  Room thermometers

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 009, the mark was first used at least as early as 01/01/1993, and first used in commerce at least as early as 01/01/1993, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Digitally scanned photograph of product backing.
Specimen File1

The applicant hereby appoints John H. Weber and Kenneth Sheehan, Thomas A. Guida, Gary Rinkerman, Leo J. Jennings, P. Jay Hines, Phong Nguyen, Alan Larson, Ellen K. Burke, William Bergmann, Thomas Canova, Rebecca L. Roby, Todd A. Hardy, Erdal Dervis, Hermes Soyez, John Brosky, Ralph Valencia and Conrad Dewitte of Baker & Hostetler LLP, Washington Square, Suite 1100, 1050 Connecticut Avenue, N.W., Washington, District of Columbia, United States, 20036 to submit this application on behalf of the applicant. The attorney docket/reference number is 87295-0734.

Correspondence Information:	John H. Weber
	Washington Square, Suite 1100
	1050 Connecticut Avenue, N.W.
	Washington, District of Columbia 20036
	2028611500(phone)
	2028611783(fax)
	trademarks@bakerlaw.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

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, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application 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 application is being filed under 15 U.S.C. Section 1051(b), 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: /jhw/   Date Signed: 02/21/2007
Signatory's Name: John H. Weber
Signatory's Position: Counsel for Applicant



RAM Sale Number: 625
RAM Accounting Date: 02/22/2007

Serial Number: 77112767
Internet Transmission Date: Wed Feb 21 17:22:23 EST 2007
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-200702211722238
74744-77112767-3607e0888457126bf240ca41b
b81bff684-DA-625-20070221165257648106