Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77727476

Filing Date: 05/01/2009

To the Commissioner for Trademarks:

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

The applicant, Orchard Supply Hardware, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      6450 Via Del Oro
      San Jose, California 95119
      United States
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, for the following:

       International Class 011:  Faucets, including, bath, kitchen, laundry and bar faucets; retail store services featuring the same
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).


The applicant's current Attorney Information:
Kimberly N. Reddick and Michael T. Murphy; Christopher S. Adkins; Benita P. Collier; Cristiana N. Huynh of K&L Gates, LLP
      P.O. Box 1135
      Chicago, Illinois 60690-1135
      United States
The attorney docket/reference number is 118813-03453.

The applicant's current Correspondence Information:

Kimberly N. Reddick

K&L Gates, LLP

P.O. Box 1135

Chicago, Illinois 60690-1135

202-778-9236(phone)

312-827-8185(fax)

chicago.trademarks@klgates.com (authorized)

A fee payment in the amount of $325 has been 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: /knr/   Date Signed: 05/01/2009
Signatory's Name: Kimberly N. Reddick
Signatory's Position: Attorney for Applicant



RAM Sale Number: 3991
RAM Accounting Date: 05/04/2009

Serial Number: 77727476
Internet Transmission Date: Fri May 01 18:08:42 EDT 2009
TEAS Stamp: USPTO/BAS-XX.X.XXX.XXX-20090501180842588
414-77727476-400a55e24c8f0a2533f27f76e04
d4c264-DA-3991-20090501175251557336