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: 77154992

Filing Date: 04/12/2007

To the Commissioner for Trademarks:

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

The applicant, BuildDirect.com Technologies Inc., a corporation of Canada, having an address of 1900-570 Granville Street, Vancouver, British Columbia, Canada, V6C3P1, 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 035:  Online distribution of residential, commercial and industrial building products

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 035, the mark was first used at least as early as 00/00/2001, and first used in commerce at least as early as 00/00/2001, 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) digital images from applicant's web site.
Specimen File1
Specimen File2

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number, 1338902, filed 03/12/2007.15 U.S.C. Section 1126(d), as amended.


The applicant hereby appoints Michael J. Leonard and Vincent V. Carissimi, Paul J. Kennedy, Joseph J. Serritella, Robert Auritt, Cara M. Kearney, Julia C. Allen, Loralene White and Christopher D. Olszyk of Pepper Hamilton LLP, 3000 Two Logan Square, Eighteenth & Arch Streets, Philadelphia, Pennsylvania, United States, 19103-2799 to submit this application on behalf of the applicant. The attorney docket/reference number is 133174.2.

The applicant hereby appoints Michael J. Leonard of Pepper Hamilton LLP, 3000 Two Logan Square, Eighteenth & Arch Streets, Philadelphia, Pennsylvania, United States, 19103-2799 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

Correspondence Information:	Michael J. Leonard
	3000 Two Logan Square
	Eighteenth & Arch Streets
	Philadelphia, Pennsylvania 19103-2799
	(215) 981-4547(phone)
	(215) 981-4750(fax)
	leonardm@pepperlaw.com (authorized)

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

Declaration



Signatory's Signature: signatory file
Signatory's Name: Roger A.C. Kuypers
Signatory's Position: Attorney



RAM Sale Number: 1765
RAM Accounting Date: 04/12/2007

Serial Number: 77154992
Internet Transmission Date: Thu Apr 12 13:41:25 EDT 2007
TEAS Stamp: USPTO/BAS-XXX.X.XXX.X-200704121341256802
61-77154992-370a7b04dcb5dfbfac4770d43559
695e-CC-1765-20070412132533673805