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: WESTBURY
SERIAL NUMBER: 77312945

The applicant, Digger Specialties, Inc., having an address of
      3446 U.S. 6 East Post Office Box 241
      Bremen, Indiana 46506
      United States
is submitting the following allegation of use information:

For International Class 006:
Current identification: Aluminum guard rails, aluminum railings for fences, bars for metal railings, metal fence rail clamps, metal fence panels, metal fence posts, metal fence stays

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/26/2007, and first used in commerce at least as early as 07/26/2007, 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) label from product.

Original PDF file:
SPN0-7023624326-134021299_._westbury.pdf
Converted PDF file(s) (2 pages)
Specimen File-1
Specimen File-2

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

The applicant(s) hereby appoint(s) Melissa A. Vallone of  BARNES & THORNBURG LLP

      PO BOX 2786
      CHICAGO, Illinois 60690-2786
      United States
to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 20794-105764.

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: /mvallone/      Date Signed: 05/14/2009
Signatory's Name: Melissa A. Vallone
Signatory's Position: Attorney of record, state of Illinois bar member

Mailing Address:
   BARNES & THORNBURG LLP
   
   PO BOX 2786
   CHICAGO, Illinois 60690-2786

Mailing Address:
   BARNES & THORNBURG LLP
   
   PO BOX 2786
   CHICAGO, Illinois 60690-2786

RAM Sale Number: 10075
RAM Accounting Date: 05/15/2009

Serial Number: 77312945
Internet Transmission Date: Thu May 14 13:58:19 EDT 2009
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2009051413581953
9833-77312945-4401da260f24f7467dca7c6738
58cc149df-DA-10075-20090514134021299984