Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: WEBER (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=77445037)
SERIAL NUMBER: 77445037



The applicant, Saint-Gobain Weber, having an address of
      Rue de Brie
      Servon, 77170
      France
is submitting the following allegation of use information:

For International Class 001:
Current identification: Chemicals used in building and civil engineering industry; impregnation and injection preparations for concrete, stone, visible and covered masonry, namely, waterproofing chemical compositions; surface hardeners, namely, hardening agents in the nature of sodium silicate and potassium silicate for use on friable, absorbent substrates; additives to concrete and mortar; plasticizers; dampproofing and waterproofing preparations, except paints, for masonry, namely, waterproofing chemical compositions; oil-repellent preparations, namely, protective products against oil penetration and oil stains in the nature of stain repellents for building materials, in particular tiles and natural or artificial stones; mould release preparations; adhesives used in industry; unprocessed artificial resins; adhesives for fixing building materials, in particular tiles and natural or artificial stones

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: impregnation and injection preparations for concrete, stone, visible and covered masonry, namely, waterproofing chemical compositions; plasticizers; dampproofing and waterproofing preparations, except paints, for masonry, namely, waterproofing chemical compositions; oil-repellent preparations, namely, protective products against oil penetration and oil stains in the nature of stain repellents for building materials, in particular tiles and natural or artificial stones; mould release preparations; adhesives used in industry; unprocessed artificial resins

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Chemicals used in building and civil engineering industry; surface hardeners, namely, hardening agents in the nature of sodium silicate and potassium silicate for use on friable, absorbent substrates; additives to concrete and mortar; adhesives for fixing building materials, in particular tiles and natural or artificial stones
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/31/2008, and first used in commerce at least as early as 03/31/2008, 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) Product packaging.

Original PDF file:
SPN0-7241922-130205838_._Specimen_Class_1.PDF
Converted PDF file(s) (1 page)
Specimen File1


For International Class 002:
Current identification: Paints, varnishes, lacquers; coatings in the nature of paint and decorative and protective coverings in the nature of elastomeric, polymer-based architectural protective coatings for the building and civil engineering industry; paints and decorative and protective coverings, namely, paints, resin-based coatings for walls, floors and ceilings for waterproofing, decorative and protective purposes; pasty coatings used as priming coats, namely, primers; priming coats, namely, paint primers; lime wash paint; preservatives against rust in the nature of a coating; anti-corrosive preparations, namely, anti-corrosive coatings, paints and primers; protective preparations for building materials, namely, architectural protective coatings; anti-corrosive coatings; pigments; bonding primers, namely, primers for use with leveling compounds, tile adhesives, repair mortars and one-coat renders for regulating the porosity of surfaces, improving the adhesion to surfaces, and preventing air bubbles; sealer coatings for treating cracks, consolidating renders, concrete, masonry and other substrates and for stabilizing friable and porous surfaces

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Paints, varnishes, lacquers; coatings in the nature of paint and decorative and protective coverings in the nature of elastomeric, polymer-based architectural protective coatings for the building and civil engineering industry; paints and decorative and paints, walls, and ceilings, decorative; pasty coatings used as priming coats, namely, primers; priming coats, namely, paint primers; lime wash paint; preservatives against rust in the nature of a coating; anti-corrosive preparations, namely, anti-corrosive coatings, paints and primers; protective preparations for building materials, namely, architectural protective coatings; anti-corrosive coatings; pigments; sealer coatings for treating cracks, consolidating renders, concrete, masonry and other substrates and for stabilizing friable and porous surfaces

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Protective coverings, namely, resin-based coatings for floors for waterproofing, and protective purposes; bonding primers, namely, primers for use with leveling compounds, tile adhesives, repair mortars and one-coat renders for regulating the porosity of surfaces, improving the adhesion to surfaces, and preventing air bubbles
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/31/2009, and first used in commerce at least as early as 03/31/2009, 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) Product packaging.

Original PDF file:
SPN1-7241922-130205838_._Specimen_Class_2.PDF
Converted PDF file(s) (1 page)
Specimen File1


For International Class 003:
Current identification: Cleaning preparations; cleaning preparations and scouring solutions for use in building and civil engineering industry

All ITU goods/services in this class are to be deleted


For International Class 017:
Current identification: Materials used for thermal insulation and sound insulation, namely, building insulation; packing, stopping and insulating materials, namely, phenolic insulant in the nature of phenolic foam insulation for use in building and construction, polyurethane insulant in the nature of polyurethane foam for use as building insulation, glass wool and mineral wool for insulation; wooden particle and fiber boards for use as building insulation; polystyrene panels and reinforcing mesh for thermal insulation of facades; sealant compounds for joints; packing, stopping and insulating materials, namely, insulating mortars

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Packing, stopping and insulating materials, namely, phenolic insulant in the nature of phenolic foam insulation for use in building and construction, polyurethane insulant in the nature of polyurethane foam for use as building insulation, glass wool and mineral wool for insulation; wooden particle and fiber boards for use as building insulation; polystyrene panels and reinforcing mesh for thermal insulation of facades

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Materials used for thermal insulation, namely, building insulation; sealant compounds for joints; packing, stopping and insulating materials, namely, insulating mortars
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/31/2009, and first used in commerce at least as early as 03/31/2009, 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) Product packaging.

Original PDF file:
SPN3-7241922-130205838_._Specimen_Class_17.PDF
Converted PDF file(s) (1 page)
Specimen File1


For International Class 019:
Current identification: Non-metal building materials, namely, mortar in the form of powder or paste for the construction and renovation of buildings, namely, mortar for facade coatings, mortar for interior coatings, mortar for base-coats, dampproofing mortar, repair mortar; fairing mortar, leveling and smoothing mortar for walls, ceilings and floors, mortar for screeds, mortar for building and pointing masonry, roofing mortar, fireproofing mortar, concrete, mortar for fixing and grouting paving blocks, ceramic tiles and natural or artificial stone, mortar for building walls or other building elements, bedding mortar, waterproofing mortar and bituminous wall coatings, plugging mortar, anchoring mortar, fixing mortar, grouting mortar; asphalt and bitumen, bituminous preparations for building, namely, bitumen asphalt and bitumen-based coatings for walls

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Or paste for the construction and renovation of buildings, namely, mortar for facade coatings, mortar for interior coatings, dampproofing mortar, walls, ceilings, and mortar for screeds, mortar for building and pointing masonry, roofing mortar, concrete, mortar for fixing and grouting paving blocks, ceramic tiles and natural or artificial stone, mortar for building walls or other building elements, and bituminous wall coatings; asphalt and bitumen, bituminous preparations for building, namely, bitumen asphalt and bitumen-based coatings for walls

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Non-metal building materials, namely, mortar in the form of powder, mortar for base-coats, repair mortar; fairing mortar, leveling and smoothing mortar for floors, fireproofing mortar, bedding mortar, waterproofing mortar, plugging mortar, anchoring mortar, fixing mortar, grouting mortar
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/31/2009, and first used in commerce at least as early as 03/31/2009, 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) Product packaging.

Original PDF file:
SPN4-7241922-130205838_._Specimen_Class_19.PDF
Converted PDF file(s) (1 page)
Specimen File1


For International Class 037:
Current identification: Information on construction, maintenance, cleaning, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants; information on construction, maintenance, cleaning, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants, provided using data processing systems, computer databases or computer or data transmission networks, including the Internet and the World Wide Web; rental of construction tools and equipment

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Cleaning, cleaning, rental of construction tools and equipment

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Information on construction, maintenance, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants; information on construction, maintenance, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants, provided using data processing systems, computer databases or computer or data transmission networks, including the Internet and the World Wide Web
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/31/2009, and first used in commerce at least as early as 03/31/2009, 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) Information sheets bearing mark and Information leaflets bearing mark.

Original PDF file:
SPN5-7241922-130205838_._Specimen_Mortar_Grout.PDF
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Original PDF file:
SPN5-7241922-130205838_._Specimen_Filtralite.PDF
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPN5-7241922-130205838_._Specimen_Marine_Weber_Floors.PDF
Converted PDF file(s) (9 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9


For International Class 041:
Current identification: Providing of training on construction, maintenance, cleaning, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants; practical training on the use of non-metallic building materials

All ITU goods/services in this class are to be deleted


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $500 will be submitted with the form, representing payment for the allegation of use for 5 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; 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: /anthony e bennett/      Date Signed: 05/24/2013
Signatory's Name: Anthony E. Bennett
Signatory's Position: Attorney of record - NYS bar member
Signatory's Phone: 516-822-3550

RAM Sale Number: 77445037
RAM Accounting Date: 05/28/2013

Serial Number: 77445037
Internet Transmission Date: Fri May 24 14:48:04 EDT 2013
TEAS Stamp: USPTO/SOU-XX.X.XXX.X-2013052414480483323
9-77445037-500f4017cde1c8e5211cda8e5f679
dcd202624a6f8123e72e1fb89fa8682b9e5d0-DA
-2273-20130524130205838248