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: 78734598
Filing Date: 10/17/2005

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 PORTRAIT.

The applicant, Kohler Co., a corporation of Wisconsin, residing at 444 Highland Drive, Kohler, Wisconsin, United States, 53044, 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.

Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 006: Metal baths, metal bath cubicles, metal shower stalls and metal shower stall frames, metal hooks, metal knobs, hinges of metal, metal drawer pulls, metal door handles, metal furniture handles, metal levers, metal latches, metal catches, metal sinks and metal sink units, metal legs, metal framing, metal pipes, metal doors and metal door frames, frames of metal, metal hand rails, metal door thresholds, metal closures, metal storage units, metal cabinets, metal shelving, manually operated metal valves and metal fasteners, metal screws, metal bolts, metal washers, metal hardware, all the foregoing being predominately of metal, valves of metal (other than parts of machines), and door and cabinet hardware, namely, knobs, pulls, handles, and locks.
       International Class 011: Baths, bathtubs, whirlpool baths and bath installations; showers and shower installations; shower and bath cubicles; shower pans; shower heads; shower doors; water diverters; shower spray heads; basins; bidets; lavatories; toilets; toilet bowls; toilet seats; touchless toilets; touchless flushing apparatus; water closets; lights; dome lights; dome lights for furniture; electric lighting; lighting fixtures; sinks; sink pedestals; taps; faucets; touchless faucets; thermostatically, infrared, radar or electronically controlled faucets; electric hand dryers; strainers for use with sinks, baths and shower trays; touchless hand drying apparatus; stoppers for use with sinks, baths and shower trays; bath spouts; water control valves for water cisterns; water control valves; water control valves for faucets; urinals; water cisterns; bathroom fittings; drinking fountains; saunas; non-metallic levers for cisterns; shower doors; sanitary apparatus and installations; water supply apparatus and sanitaryware.

The applicant hereby appoints Kristen S. Knecht and Bradley L. Cohn of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, 311 S. Wacker Drive, Suite 5000, Chicago, Illinois, United States, 60606 to submit this application on behalf of the applicant.

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: /kennethlng/   Date: 10/17/2005
Signatory's Name: Kenneth L. Ng
Signatory's Position: Senior Attorney


Mailing Address:
     Kristen S. Knecht
     311 S. Wacker Drive, Suite 5000
     Chicago, Illinois 60606

RAM Sale Number: 244
RAM Accounting Date: 10/18/2005

Serial Number: 78734598
Internet Transmission Date: Mon Oct 17 15:54:44 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXX-20051017155444974323-
78734598-200b9dc3b9796e4f61ce22b0fb6e5df
0-DA-244-20051017153137066938