Application

PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

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PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

Trademark/Service Mark Application, Principal Register, with Declaration

Serial Number: 78249654
Filing Date: 05/14/2003

To the Commissioner for Trademarks:

MARK:  EVERCLEAR

The applicant, Saint-Gobain Sovis, a corporation of France, residing at 1 bis, avenue du Général de Gaulle, CHIERRY, France 02400, requests registration of the trademark/service mark shown on the drawing page 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.

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)).

           International Class 011: refrigerating appliances and installations; cooling appliances and installations; glass for refrigerating appliances and installations; glass for cooling appliances and installations; doors for refrigerating appliances and installations; doors for cooling appliances and installations

           International Class 019: glass and glazings for construction; insulating glass and glazings for construction; non metallic doors

           International Class 020: counters; counters for the presentation of dishes in restaurants, self-service restaurants and food stores

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit France registration number 023169368, registered 06/14/2002 with a renewal date of __________, and an expiration date of __________, before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 011: refrigerating appliances and installations; cooling appliances and installations; glass for refrigerating appliances and installations; glass for cooling appliances and installations; doors for refrigerating appliances and installations; doors for cooling appliances and installations

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit France registration number 023169368, registered 06/14/2002 with a renewal date of __________, and an expiration date of __________, before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 019: glass and glazings for construction; insulating glass and glazings for construction; non metallic doors

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit France registration number 023169368, registered 06/14/2002 with a renewal date of __________, and an expiration date of __________, before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 020: counters; counters for the presentation of dishes in restaurants, self-service restaurants and food stores

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:


The applicant, hereby appoints Jeffrey H. Kaufman of  Oblon, Spivak, McClelland, Maier, and Neustadt, P.C., 1940 Duke Street, , Alexandria, VA USA 22314 to submit this application on behalf of the applicant.

The applicant hereby appoints Jeffrey H. Kaufman of  Oblon, Spivak, McClelland, Maier, and Neustadt, P.C., 1940 Duke Street, , Alexandria, VA USA 22314 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.


A fee payment in the amount of $1005 will be submitted with the application, representing payment for 3 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.



Mailing Address:
     Jeffrey H. Kaufman
     1940 Duke Street,
     Alexandria, VA 22314

RAM Sale Number: 967
RAM Accounting Date: 05/14/2003

Serial Number: 78249654
Internet Transmission Date: Wed May 14 14:24:52 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20030514142452467242-78249654-200a738d415787b4c345fcc08a572a19-DA-967-20030514142157068596