Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

---

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78948732
Filing Date: 08/09/2006

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)

The color(s) red is/are claimed as a feature of the mark.

The mark consists of a red knob or knobs of the goods. The broken lines are intended only to exemplify a position of the mark and do not form part of the mark. The color white is shown only as environment and does not form a part of the mark.

The applicant, Wolf Appliance Company, Inc., a corporation of Wisconsin, residing at 4717 Hammersley Road, Madison, Wisconsin, United States, 53711, 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 011: Domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills.

In International Class 011, the mark was first used at least as early as 02/28/2000, and first used in commerce at least as early as 02/28/2000, 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) a picture of a range.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 3049494.

The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:
       §2(f) evidence - 1
       §2(f) evidence - 2
       §2(f) evidence - 3
       §2(f) evidence - 4

The applicant hereby appoints Mark J. Diliberti and Richard J. McKenna, Allisen R. Pawlenty-Altman and all other attorneys of Foley & Lardner LLP, 777 East Wisconsin, Milwaukee, Wisconsin, United States, 53202 to submit this application on behalf of the applicant. The attorney docket/reference number is 023015-0152.

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

A fee payment in the amount of $325 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: /MJD/   Date: 08/09/2006
Signatory's Name: Mark J. Diliberti
Signatory's Position: Attorney


Mailing Address:
     Mark J. Diliberti
     777 East Wisconsin
     Milwaukee, Wisconsin 53202

RAM Sale Number: 503
RAM Accounting Date: 08/10/2006

Serial Number: 78948732
Internet Transmission Date: Wed Aug 09 17:15:41 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXX-20060809171541331096-
78948732-20079722efb84185157fb63948ab16b
f4f-CC-503-20060809171001984815