PR-Section 15

PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1573 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2853558
REGISTRATION DATE: 06/15/2004

MARK: TOUGH-1

The owner, JT International Distributors, Inc., a corporation of Indiana, having an address of
      12607 Southeastern Avenue
      Indianapolis, Indiana 46259
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 018, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:saddlery and horse stable equipment, namely, saddle covers, saddle bags, saddle racks, tack racks, hay feed bags, neck/shoulder sweats, belly wrap sweats, bridle and halter bags, water bottle pouches and grooming equipment bagsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
The registrant's current Attorney Information: Antony C. Edwards
      Unit 206 - 3500 Carrington Road
      Westbank, BC, V4T3C1
      Canada
The docket/reference number is ACE-17576.

The registrant's proposed Attorney Information: Vincent O. Wagner of  Woodard, Emhardt, Moriarty, McNett & Henry LLP
      111 Monument Circle, Suite 3700
      Indianapolis, Indiana (IN) 46204
      United States
The docket/reference number is 10046-171.
The Other Appointed Attorney(s): John V. Moriarty, John C. McNett, Thomas Q. Henry, James M. Durlacher, Charles R. Reeves, Steve Zlatos, Spiro Bereveskos, Daniel J. Lueders, Ken Gandy, Timothy N. Thomas, Kurt N. Jones, Charles J. Meyer, Lisa A. Hiday, Christopher A. Brown, Charles P. Schmal, Quentin G. Cantrell, Marta Paul, Elizabeth A. Shuster, Bill McKenna, Jim Blaufuss, Bobak P. Jalaie, Mike Morris, Jeremy Gustrowsky, Matthew Gardlik, Blake Hartz, Andrew Nevill.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is docketdept@uspatent.com.
The registrant's current Correspondence Information: Antony C. Edwards
      Unit 206 - 3500 Carrington Road
      Westbank, BC, V4T3C1
      Canada
The docket/reference number is ACE-17576.

The registrant's proposed Correspondence Information: Vincent O. Wagner of  Woodard, Emhardt, Moriarty, McNett & Henry LLP
      111 Monument Circle, Suite 3700
      Indianapolis, Indiana (IN) 46204
      United States
The docket/reference number is 10046-171.


The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is docketdept@uspatent.com.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).

Declaration


The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. Section 1062(c), and is still in use in commerce on or in connection with all goods/services listed in the existing registration. There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the United States Patent and Trademark Office or in a court.

The signatory being warned that willful false statements and the like 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 this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.


Signature: /Jack D Sievers/      Date: 05/16/2014
Signatory's Name: Jack D. Sievers
Signatory's Position: President

Mailing Address (current):
   
   Unit 206 - 3500 Carrington Road
   Westbank, BC, V4T3C1

Mailing Address (proposed):
   Woodard, Emhardt, Moriarty, McNett & Henry LLP
   111 Monument Circle, Suite 3700
   Indianapolis, Indiana 46204

Serial Number: 78201131
Internet Transmission Date: Fri May 16 12:48:05 EDT 2014
TEAS Stamp: USPTO/SECT15-XXX.XX.XXX.X-20140516124805
988147-2853558-500c2ff87c1a4836a19756728
098e3f57a32df2d31755fd895f3f3bae0ed86eb-
CC-8970-20140516100935344508