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: 3141520
REGISTRATION DATE: 09/12/2006

MARK: GEARMATE (see, )

The owner, The Whitmore Manufacturing Company, a corporation of Delaware, having an address of
      930 Whitmore Drive
      Rockwall, Texas 75087
      United States
      216-579-1700
      216-579-6073
      XXXX (authorized)
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 004, 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: Extreme pressure lubricant designed for use in open gears, shovel sticks, rack and pinions, circle rails and rollers, and bearings and bushings, mostly found in mining equipment ; 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) Label adhered to shipping container.
Specimen File1
The registrant's current Attorney Information: James M. Moore of  PEARNE & GORDON LLP
      1801 E 9TH ST STE 1200
      CLEVELAND, Ohio 44114-3108
      United States
The docket/reference number is WHT-38446.

The registrant's proposed Attorney Information: John Wilson Jones of  JONES & SMITH, LLP
      Suite 1000
      2777 Allen Parkway
      Houston, Texas 77019
      United States
The docket/reference number is WHI00023.
The Other Appointed Attorney(s): E. Randall Smith.

The phone number is 7135283100.

The fax number is 7138936076.

The email address is jjones@jonessmith.net.
The registrant's current Correspondence Information: James M. Moore of  PEARNE & GORDON LLP
      1801 E 9TH ST STE 1200
      CLEVELAND, Ohio 44114-3108
      United States
The docket/reference number is WHT-38446.

The registrant's proposed Correspondence Information: John Wilson Jones of  JONES & SMITH, LLP
      Suite 1000
      2777 Allen Parkway
      Houston, Texas 77019
      United States
The docket/reference number is WHI00023.


The phone number is 7135283100.

The fax number is 7138936076.

The email address is jjones@jonessmith.net.

A fee payment in the amount of $400 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
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) showing the mark as used in commerce.


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, 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.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: /John Wilson Jones/      Date: 08/11/2016
Signatory's Name: John Wilson Jones
Signatory's Position: Attorney, Texas Bar Member
Signatory's Phone Number: 713 528-3100

Mailing Address (current):
   PEARNE & GORDON LLP
   1801 E 9TH ST STE 1200
   CLEVELAND, Ohio 44114-3108

Mailing Address (proposed):
   JONES & SMITH, LLP
   2777 Allen Parkway
   Houston, Texas 77019

Serial Number: 78660569
Internet Transmission Date: Thu Aug 11 12:43:26 EDT 2016
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XX-2016081112432
6584718-3141520-55057ea6276f9f68a3212f37
a6dbe8af62fb99db62ae592baf67b7ecbabbe6fb
36-CC-12267-20160811112635390224