Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: PEP
SERIAL NUMBER: 78753975

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Meter Services & Sales, having an address of P.O. Box 504, Armuchee, Georgia United States 30105, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 009, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/27/2007, and first used in commerce at least as early as 02/27/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) The specimen is a photograph of a label on a packing container containing a newly refurbished meter Platform as well as meters that have been serviced by Meter Sales and Services. Such packing containers often contain both types of products. First, the Marks PEP® and Platform® identify the source of goods (a PEP/Platform meter is a meter that has been completely rebuilt by Meter Sales & Services, thus, effectively becoming a product made by Meter Sales & Services). In addition, a customer may send Meter Sales & Services a damaged meter to be refurbished. Meter Services and Sales refurbishes the damaged meter and marks the meter as an PEP®/Platform® meter (by placing a check in the blank next to the PEP®/Platform® text) to put the public on notice that such meter has been serviced by Meter Sales & Services. Thus, refurbished meter platforms are sold to customers and the service of refurbishing meters is sold to customers and both products are identified by the PEP® and PLATFORM® marks. A sales brochure, while not presented as evidence of use in commerce, helps explain how the marks are being used in commerce..
Specimen-1
Specimen-2
Specimen-3

For International Class: 037, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/27/2007, and first used in commerce at least as early as 02/27/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) The specimen is a photograph of a label on a packing container containing a newly refurbished meter Platform as well as meters that have been serviced by Meter Sales and Services. Such packing containers often contain both types of products. First, the Marks PEP® and Platform® identify the source of goods (a PEP/Platform meter is a meter that has been completely rebuilt by Meter Sales & Services, thus, effectively becoming a product made by Meter Sales & Services). In addition, a customer may send Meter Sales & Services a damaged meter to be refurbished. Meter Services and Sales refurbishes the damaged meter and marks the meter as an PEP®/Platform® meter (by placing a check in the blank next to the PEP®/Platform® text) to put the public on notice that such meter has been serviced by Meter Sales & Services. Thus, refurbished meter platforms are sold to customers and the service of refurbishing meters is sold to customers and both products are identified by the PEP® and PLATFORM® marks. A sales brochure, while not presented as evidence of use in commerce, helps explain how the marks are being used in commerce..
Specimen-1

The applicant hereby appoints Monty Simmons to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is PAR-T-2.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /William Monty Simmons/      Date Signed: 04/09/2007
Signatory's Name: William Monty Simmons
Signatory's Position: Attorney of Record

RAM Sale Number: 316
RAM Accounting Date: 04/10/2007

Serial Number: 78753975
Internet Transmission Date: Mon Apr 09 16:06:05 EDT 2007
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2007040916060561
9241-78753975-360a38cfc1371e74684b1e0b9e
370e99c64-DA-316-20070409152825821422


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