PR-Section 8 and 9

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1963 (Rev 05/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1963 (Rev 05/2006)

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

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3259099
REGISTRATION DATE: 07/03/2007

MARK: NEVER COMPROMISE

The owner, SWIMC, INC., a corporation of Delaware, having an address of
      PO Box 657
      Newark, Delaware 19715-0657
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 002, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: protective and decorative coatings used in the nature of paint ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) scanned point-of-purchase rack cling rebate card displaying the NEVER COMPROMISE trademark.

Original PDF file:
SPN0-14814115110-20170626102737102211_._never_compromise.pdf
Converted PDF file(s) (1 page)
Specimen File1
The registrant's current Attorney Information: Robert E. McDonald, Reg. No. 29,193 of  c/o The Sherwin-Williams Company
      1100 Midland Bldg. - Legal Dept.
      101 W. Prospect Avenue
      CLEVELAND, Ohio 44115-1075
      United States
The phone number is 2165662432.
The fax number is 2165154400.
The email address is legal_ip@sherwin.com. (authorized)
The docket/reference number is US7700A.

The registrant's proposed Attorney Information: Juliet P. Castrovinci of  c/o The Sherwin-Williams Company
      1100 Midland Bldg. - Legal Dept.
      101 W. Prospect Avenue
      CLEVELAND, Ohio 44115-1075
      United States The docket/reference number is US7700A.
The Other Appointed Attorney(s): James C. Scott, Reg. No. 35,351 and Vivien Y. Tsang, Reg. No. 40,209 and Daniel Ari Sherwin, Reg. No. 63,843 and Kari B. Frank and Mary Adams.

The phone number is 2165155504.
The fax number is 2165154400.
The email address is legal_ip@sherwin.com. (authorized)
The registrant's current Correspondence Information: Robert E. McDonald, Reg. No. 29,193 of  c/o The Sherwin-Williams Company
      1100 Midland Bldg. - Legal Dept.
      101 W. Prospect Avenue
      CLEVELAND, Ohio 44115-1075
      United States
The phone number is 2165662432.
The fax number is 2165154400.
The email address is legal_ip@sherwin.com. (authorized)
The docket/reference number is US7700A.

The registrant's proposed Correspondence Information: Juliet P. Castrovinci of  c/o The Sherwin-Williams Company
      1100 Midland Bldg. - Legal Dept.
      101 W. Prospect Avenue
      CLEVELAND, Ohio 44115-1075
      United States The docket/reference number is US7700A.

The phone number is 2165155504.
The fax number is 2165154400.
The email address is legal_ip@sherwin.com. (authorized)

A fee payment in the amount of $425 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

	Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, 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: /gfl/    Date: 06/26/2017
Signatory's Name: Gregory F. Lavelle
Signatory's Position: Vice President

Mailing Address (current):
   c/o The Sherwin-Williams Company
   101 W. Prospect Avenue
   CLEVELAND, Ohio 44115-1075

Mailing Address (proposed):
   c/o The Sherwin-Williams Company
   101 W. Prospect Avenue
   CLEVELAND, Ohio 44115-1075

Serial Number: 78309674
Internet Transmission Date: Wed Jun 28 13:43:47 EDT 2017
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-201706281343
47347985-3259099-59043687b33116f4ca063ec
e2b6c71592844a6a6b8d1a82cceda77d28cd9b22
4a9-CC-11928-20170626102737102211