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: 77947610

Filing Date: 03/01/2010

To the Commissioner for Trademarks:

MARK: IBEX (stylized and/or with design, see mark)

The literal element of the mark consists of IBEX.
The applicant is not claiming color as a feature of the mark. The mark consists of the word ibex written in stylized letters.
The applicant, IBEX Inc., a corporation of Idaho, having an address of
      1989 W. 3000 S.
      Rexburg, Idaho 83440
      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 037:  Environmental remediation services, namely, using a vacuum truck to clean up hydraulic fracturing fluids from natural gas well sites

In International Class 037, the mark was first used at least as early as 12/20/2005, and first used in commerce at least as early as 12/24/2005, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) digital photograph of truck providing on-site environmental remediation services.
Specimen File1

       International Class 039:  Transportation of water by truck to and from natural gas wells for use in hydraulic fracturing operations; transportation of wastewater by truck

In International Class 039, the mark was first used at least as early as 12/20/2005, and first used in commerce at least as early as 12/24/2005, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) digital photograph of a water transportation truck.
Specimen File1


IBEX appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language.

The applicant's current Attorney Information:
Michael W. Brown of Thatcher Beard St. Clair Gaffney PA

      Suite 223
      343 E. 4th North
      Rexburg, Idaho 83440
      United States

The applicant's current Correspondence Information:

Michael W. Brown

Thatcher Beard St. Clair Gaffney PA

Suite 223       343 E. 4th North

Rexburg, Idaho 83440

208-359-5885(phone)

208-359-5888(fax)

mbrown@beardstclair.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 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: /michaelwbrown/   Date Signed: 03/01/2010
Signatory's Name: Michael W. Brown
Signatory's Position: Attorney of record, Idaho bar member



RAM Sale Number: 5302
RAM Accounting Date: 03/02/2010

Serial Number: 77947610
Internet Transmission Date: Mon Mar 01 17:33:01 EST 2010
TEAS Stamp: USPTO/BAS-XX.XXX.X.XXX-20100301173301593
441-77947610-46067fd84172af2c69782044ecf
76abd9-CC-5302-20100301171942062212