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: OXO
SERIAL NUMBER: 77321978

The applicant, Helen of Troy Limited, having an address of
      P.O. Box 836E
      13 8th Avenue, Belleville
      St. Michael,
      Barbados
is submitting the following allegation of use information:

For International Class 020:
Current identification: (Based on Use in Commerce) Non-metal clips for household use; Plastic clips for sealing bags; Drawer organizers for silverware; Plastic suction cups; Suction cup hangers and hooks made of silicone polymer; Non-metal hooks; Sink mats; (Based on Intent to Use) Storage and organization systems comprising shelves, drawers, cupboards, baskets and clothes rods, sold as a unit; Wine racks; High chairs; Booster seats; Diaper changing stations; Wall-mounted tool racks; Display racks

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: Wine racks; High chairs; Booster seats; Diaper changing stations

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: Non-metal clips for household use; Plastic clips for sealing bags; Drawer organizers for silverware; Plastic suction cups; Suction cup hangers and hooks made of silicone polymer; Non-metal hooks; Sink mats; Storage and organization systems comprising shelves, drawers, cupboards, baskets and clothes rods, sold as a unit; Wall-mounted tool racks; Display racks
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/00/2008, and first used in commerce at least as early as 03/00/2008, 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) Digitally photographed product in packaging.
Specimen File1



For International Class 021:
Current identification: (Based on Use in Commerce) Watering cans; Holders for toilet paper; Napkin holders; Towel holders; Serviette holders; Dish drying racks; Trash cans; Toilet brushes; Plungers for clearing blocked drains; Soap dishes; Soap dispensers; Shower caddies; Wine bottle cradles; Cocktail shakers; Ice buckets; Household containers for foods; Drain stoppers for sinks and drains; Non-electric food blenders; Buckets; Cutting boards; Spoon rests; Trivets; Planters for flowers and plants; Cookware, namely, steamers; Fly swatters; Serving trays; (Based on Intent to Use) Plastic water bottles sold empty; Carafes; Pitchers; Plastic coasters; Spice racks; Plates; Bowls; Training cups for babies and children; Plastic storage containers for domestic use

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: Plastic water bottles sold empty; Carafes; Pitchers; Plastic coasters; Plates; Bowls; Training cups for babies and children

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: Watering cans; Holders for toilet paper; Napkin holders; Towel holders; Serviette holders; Dish drying racks; Trash cans; Toilet brushes; Plungers for clearing blocked drains; Soap dishes; Soap dispensers; Shower caddies; Wine bottle cradles; Cocktail shakers; Ice buckets; Household containers for foods; Drain stoppers for sinks and drains; Non-electric food blenders; Buckets; Cutting boards; Spoon rests; Trivets; Planters for flowers and plants; Cookware, namely, steamers; Fly swatters; Serving trays; Spice racks; Plastic storage containers for domestic use
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/00/2007, and first used in commerce at least as early as 01/00/2007, 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) Digitally photographed product.
Specimen File1



For International Class 025:
Current identification: Aprons; Cloth bibs; Plastic baby bibs

This allegation of use does not cover this specific class. This entire class is either to be permanently deleted from the application OR processed according to a Request to Divide.


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


A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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: /WJB/      Date Signed: 04/01/2010
Signatory's Name: William J Bass
Signatory's Position: Assistant Secretary

RAM Sale Number: 11277
RAM Accounting Date: 04/01/2010

Serial Number: 77321978
Internet Transmission Date: Thu Apr 01 13:23:23 EDT 2010
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2010040113232398
4185-77321978-460193adba0a8763d8d3870684
41d998b97-DA-11277-20100401131234328328