Application

PTO Form 1478 (Rev 9/2006)

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

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PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 77940709

Filing Date: 02/20/2010

To the Commissioner for Trademarks:

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

The applicant, Equalizer Industries, Inc., a corporation of Texas, having an address of
      2611 Oakmont Drive
      Round Rock, Texas 78665
      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 007:  power-operated saws; circular saws; jig saws; power-operated tools, namely, grinders, sanders, drills, screwdrivers, reciprocating saws, and oscillating saws
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 claims ownership of U.S. Registration Number(s) 1523215 and 2085554.

The applicant's current Attorney Information:
Russell D. Culbertson and Nathan H. Calvert of The Culbertson Group, P.C.
      1114 Lost Creek Blvd., Suite 420
      Austin, Texas 78746
      United States
The attorney docket/reference number is 127.2012.

The applicant's current Correspondence Information:

Russell D. Culbertson

The Culbertson Group, P.C.

1114 Lost Creek Blvd., Suite 420

Austin, Texas 78746

512-327-8932(phone)

512-327-2665(fax)

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: /Russell D. Culbertson/   Date Signed: 02/20/2010
Signatory's Name: Russell D. Culbertson
Signatory's Position: Attorney of record, Texas bar member



RAM Sale Number: 7162
RAM Accounting Date: 02/22/2010

Serial Number: 77940709
Internet Transmission Date: Sat Feb 20 16:29:18 EST 2010
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20100220162918
670403-77940709-460eaed21cfb86e6b9788a01
2c6382f4-CC-7162-20100220161809677012