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: 78757109
Filing Date: 11/18/2005

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 RUBBERMAID.

The applicant, RUBBERMAID INCORPORATED, a corporation of Ohio, residing at 10B GLENLAKE PKWY, SUITE 600, LEGAL DEPARTMENT, ATLANTA, Georgia, United States, 60563, 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 020: PLASTIC STAKES; FABRIC PEGS; TREE AND SCRUB PLANTING POT LINERS; DECORATIVE EDGING; FUNCTIONAL EDGING; ROLLED 0PLASTIC EDGING
       International Class 022: TREE AND SCRUB PROTECTION; CHRISTMAS TREE BAGS AND PRESERVATIVES; MULTI-USE NETTING LANDSCAPE FABRIC
       International Class 028: TREE RING KITS

Applicant claims ownership of U.S. Registration Number(s) 637038, 2277927, 2283068, and others.

The applicant hereby appoints LISA WINGER and CHRISTOPHER B. SCHNEIDER of NEWELL RUBBERMAID, 2707 BUTTERFIELD ROAD, SUITE 100, OAK BROOK, Illinois, United States, 60523 to submit this application on behalf of the applicant. The attorney docket/reference number is MI-664/EASY GARDENER.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: lisa.winger@newellco.com.

A fee payment in the amount of $975 will be submitted with the application, representing payment for 3 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: /LW/   Date: 11/18/2005
Signatory's Name: LISA WINGER
Signatory's Position: GLOBAL TRADEMARK COUNSEL


Mailing Address:
     LISA WINGER
     2707 BUTTERFIELD ROAD, SUITE 100
     OAK BROOK, Illinois 60523

RAM Sale Number: 1629
RAM Accounting Date: 11/18/2005

Serial Number: 78757109
Internet Transmission Date: Fri Nov 18 14:45:44 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXX-20051118144544473684-
78757109-200904ca8ec83c7a6b1a3771a878734
6aaa-DA-1629-20051118144218820853