TEAS Plus New 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

TEAS Plus Application

Serial Number: 78894013

Filing Date: 05/26/2006

To the Commissioner for Trademarks:
MARK: ONGUARD (Standard Characters, see mark)
The literal element of the mark consists of ONGUARD. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Stephens Pipe & Steel, LLC, a limited liability company organized under the laws of Kentucky, residing at P. O. Box 618, Russell Springs, Kentucky, United States, 42642, 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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 006:  Metal gates and fences

If the applicant is filing under Section 1(b), intent to use, the applicant declares that it 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), as amended.

If the applicant is filing under Section 1(a), actual use in commerce, the applicant declares that it is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended.

If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

The applicant hereby appoints David W. Nagle, Jr. and Jack A. Wheat, Joel T. Beres, Brewster Taylor, John W. Scruton, Jennifer L. Kovalcik, Alexandra T. MacKay, J. Randolph Michels and William Charles Ferrell of Stites & Harbison PLLC, Suite 1800, 400 West Market Street, Louisville, Kentucky, United States, 40202 to submit this application on behalf of the applicant. The attorney docket/reference number is 0056W/00001.

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

A fee payment in the amount of $275 will be submitted with the application, representing payment for 1 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: /TedEysenbach/   Date: 05/26/2006
Signatory's Name: Ted Eysenbach
Signatory's Position: General Manager
Mailing Address:
     David W. Nagle, Jr.
     Suite 1800
     400 West Market Street
     Louisville, Kentucky 40202

RAM Sale Number: 1823
RAM Accounting Date: 05/26/2006

Serial Number: 78894013
Internet Transmission Date: Fri May 26 13:11:28 EDT 2006
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20060526131128708
451-78894013-332dbb2c65ae5f0bb9b225cb269
83818-CC-1823-20060525174211977458