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: 78599014
Filing Date: 03/31/2005

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 BERNAT.

The applicant, Spinrite Limited Partnership, a limited partnership organized under the laws of Canada, comprising of its General Partner, Spinrite GP Inc., a Canadian corporation, residing at 320 Livingstone Avenue South, Listowel, Other, Canada, N4W 3H3, 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 023: yarn

In International Class 023, the mark was first used at least as early as 00/00/1925, and first used in commerce at least as early as 00/00/1925, 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) Photograph of product label.

      Specimen - 1

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 submits a copy of Canada registration number 502212, registered 10/14/1998 with a renewal date of 10/14/2013 and an expiration date of 10/14/2013, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

      International Class 023: yarn

      Foreign Registration - 1
      Foreign Registration - 2


The applicant hereby appoints D. Michael Bean of Gowling Lafleur Henderson LLP, Suite 1020, 50 Queen Street North, Kitchener, Other, Canada, N2H 6M2 to submit this application on behalf of the applicant. The attorney docket/reference number is K6001122US.

The applicant hereby appoints Deborah Peckham of  Kirkpatrick & Lockhart, Nicholson Graham LLP, 75 State Street, Boston, Other, USA 02109 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: michael.bean@gowlings.com.

A fee payment in the amount of $325.00 will be submitted with the application, representing payment for 1 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:
Signatory's Name: Ryan Newell
Signatory's Position: CFO of Spinrite GP Inc.

Signatory's Signature: Signature

Mailing Address:
     D. Michael Bean
     Suite 1020
     50 Queen Street North
     Kitchener, Other N2H 6M2

RAM Sale Number: 1310
RAM Accounting Date: 03/31/2005

Serial Number: 78599014
Internet Transmission Date: Thu Mar 31 12:54:12 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20050331125412915238
-78599014-20080e10bad9579e814537c11e98b0
e6a6-DA-1310-20050331125201836556