Request to Divide

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

---

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Request to Divide

To the Commissioner for Trademarks:

MARK: ECOSENSE
SERIAL NUMBER: 77184743

REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Residential gas and electric water heaters
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Heating, ventilating and air conditioning units and parts, and components therefor, namely residential gas and electric water heater replacement parts and components parts therefor; commercial gas and electric water heaters and replacement parts and components parts therefor; central air conditioning units, furnaces and heat pumps; space heaters, evaporative coolers and coils, air handlers, ventilators and burners, all being structural parts of air conditioning, heating and ventilating units and furnaces; swimming pool and spa heaters; heat pump water heaters; high recovery water heaters for domestic and commercial use; hot water supply boilers
The applicant requests that the good(s)/service(s) based on use in commerce move to registration at this time.
Section 1(a) Good(s)/Service(s) Additional Information:






A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $325 will be submitted with the form, representing payment for the new application fee for 1 class.


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: /scott bates/      Date Signed: 12/14/2009
Signatory's Name: Scott Bates
Signatory's Position: General Counsel
Request to Divide Signature:
Signature: /Nadya Munasifi/      Date Signed: 12/14/2009
Signatory's Name: Nadya Munasifi
Signatory's Position: Attorney of Record, GA Bar Member

Serial Number: 77184743
Internet Transmission Date: Mon Dec 14 16:08:15 EST 2009
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2009121416081588
2064-77184743-46069d6876ce9b3713677c8e96
275cb720-CC-2889-20091214153145777607