Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78408842
Filing Date: 04/27/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of NPI.

The applicant, NexCycle Plastics Inc., a corporation of Canada, residing at 235 Wilkinson Road, Brampton, Ontario, Canada, , 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 017: Plastics, namely resins for film, pipe, sheet extrusion and injection molding applications.
      International Class 042: Compounder, distributor and supplier of polyolefins and specialty polymers.

In International Class 017, the mark was first used at least as early as 06/00/2003, and first used in commerce at least as early as 06/00/2003, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) A label .

      Specimen - 1

In International Class 042, the mark was first used at least as early as 06/00/2003, and first used in commerce at least as early as 06/00/2003, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class 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) A brochure regarding the services.

      Specimen - 1

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number, 1194655, filed 10/27/2003.15 U.S.C. Section 1126(d), as amended.

      International Class 017:Plastics, namely resins for film, pipe, sheet extrusion and injection molding applications.

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number, 1194655, filed 10/27/2003.15 U.S.C. Section 1126(d), as amended.

      International Class 042:Compounder, distributor and supplier of polyolefins and specialty polymers.

The applicant hereby appoints Adam Omar Shanti and Henry B. Ward, III, George M. Taulbee of Alston & Bird LLP, Bank of America Plaza, 101 South Tryon Street, Suite 4000, Charlotte, NC, USA, 28280-4000 to submit this application on behalf of the applicant. The attorney docket/reference number is 048921-277867.

The applicant hereby appoints Adam Omar Shanti of  Alston & Bird LLP, Bank of America Plaza, 101 South Tryon Street, Suite 4000, Charlotte, NC, USA 28280-4000 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: ashanti@alston.com.

A fee payment in the amount of $670.00 will be 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: /Adam Omar Shanti/   Date: 04/27/2004
Signatory's Name: Adam Omar Shanti
Signatory's Position: Attorney of Record


Mailing Address:
     Adam Omar Shanti
     Bank of America Plaza
     101 South Tryon Street, Suite 4000
     Charlotte, NC 28280-4000

RAM Sale Number: 266
RAM Accounting Date: 04/28/2004

Serial Number: 78408842
Internet Transmission Date: Tue Apr 27 16:25:12 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200404271625123333
40-78408842-2006aee36718e24285631b176d5c
e52402a-CC-266-20040427153519212990