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: 78861422
Filing Date: 04/13/2006

To the Commissioner for Trademarks:

MARK: ZIRCON (stylized and/or with design, see mark)

The literal element of the mark consists of ZIRCON.

The applicant, Zircon Manufacturing, Inc., a corporation of Colorado, residing at 555 S. Camino Del Rio, C-2-B, Durango, Colorado, United States, 81303, 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 006: Containers of metal for transport.
      International Class 012: Trailers.
      International Class 039: Storage of goods.

In International Class 006, the mark was first used at least as early as 04/03/1995, and first used in commerce at least as early as 04/03/1995, 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) Digital image of a metal container currently used in commerce..

      Specimen - 1

In International Class 012, the mark was first used at least as early as 04/03/1995, and first used in commerce at least as early as 04/03/1995, 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) Digital image of a trailer currently used in commerce..

      Specimen - 1

In International Class 039, the mark was first used at least as early as 04/03/1995, and first used in commerce at least as early as 04/03/1995, 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) Digital image of a website currently used in commerce..

      Specimen - 1

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 011: Flood protection device for the home.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: XXXX.

A fee payment in the amount of $1300 will be submitted with the application, representing payment for 4 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: /Gymala Page, V.P./   Date: 04/13/2006
Signatory's Name: Gymala Page
Signatory's Position: Authorized Signatory


Mailing Address:
     Zircon Manufacturing, Inc.
     555 S. Camino Del Rio, C-2-B
     Durango, Colorado 81303

RAM Sale Number: 715
RAM Accounting Date: 04/14/2006

Serial Number: 78861422
Internet Transmission Date: Thu Apr 13 19:59:29 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2006041319592911880
4-78861422-200f9bc7f142b771d53e2a51d2216
1887e8-DA-715-20060410195538784267