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: 78561572
Filing Date: 02/07/2005

To the Commissioner for Trademarks:

MARK: MASTER MARK PLASTICS (stylized and/or with design, see mark)

The literal element of the mark consists of MASTER MARK PLASTICS.

The mark consists of A stylized letter M with the words "Master Mark Plastics" underneath.

The applicant, Avon Plastics, Inc. d/b/a Master Mark Plastic Products, a corporation of Minnesota, residing at One Master Mark Drive, Albany, Minnesota, United States, 56307-0662, 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 019: Plastic products, namely non-metal lattice, trellises, fencing, fencing panels, splash blocks, garden stakes, and structural components for decks, namely, planks and railings; and plastic decorative exterior and interior moldings
      International Class 020: Landscape and garden products, namely lawn edging, landscape edging, garden edging, interlocking plastic chain, shrub guards, tree wrap and tree guards; and irrigation pipes for underground sprinkler systems

In International Class 019, the mark was first used at least as early as 06/30/2000, and first used in commerce at least as early as 06/30/2000, 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) online catalog page.

      Specimen - 1

In International Class 020, the mark was first used at least as early as 06/30/2000, and first used in commerce at least as early as 06/30/2000, 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) online catalog page.

      Specimen - 1

The applicant hereby appoints Linda M. Byrne and Robert Crawford, Eric Curtin, Erin Nichols of Crawford Maunu PLLC, Suite 390, 1270 Northland Drive, St. Paul, Minnesota, United States, 55120 to submit this application on behalf of the applicant. The attorney docket/reference number is AVON.101TM.

A fee payment in the amount of $650 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: /Mark T. Reum/   Date: 02/04/2005
Signatory's Name: Mark T. Reum
Signatory's Position: Chief Executive Officer


Mailing Address:
     Linda M. Byrne
     Suite 390
     1270 Northland Drive
     St. Paul, Minnesota 55120

RAM Sale Number: 1090
RAM Accounting Date: 02/07/2005

Serial Number: 78561572
Internet Transmission Date: Mon Feb 07 09:20:44 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200502070920444010
22-78561572-200f1e47ed1a02c915d2afdb4c35
d1f72-DA-1090-20050203092634715242