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: 78813724
Filing Date: 02/13/2006

To the Commissioner for Trademarks:

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

The literal element of the mark consists of Victor.

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

The applicant, Woodstream Corporation, a corporation of Pennsylvania, residing at 69 North Locust Street, Lititz, Pennsylvania, United States, 17543, 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 005: dog repellants; insect repellants; bird repellants; animal repellants; rodenticides; insecticides; domestic pesticides; citronella oil for use in electronic insect repellants
      International Class 009: ultrasonic and electric pest repellants, namely, electric devices for attracting and killing insects and rodents; ultrasonic and electric pest repellants, namely, electric devices for attracting and killing insects and rodents, and nightlight, sold as a unit; electronic rodent trap
      International Class 021: fly catchers; fly traps; insect traps; mouse traps; rat traps; rodent traps; snake traps; slug and snail traps; animal traps; glue boards, glue traps and bait stations for attracting and/or trapping insects, rodents and/or animals
      International Class 031: mixture consisting of grass seed, mulch and fertilizer sold as a unit to repair lawns

In International Class 005, the mark was first used at least as early as 00/00/2003, and first used in commerce at least as early as 00/00/2003, 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) packaging for the goods.

      Specimen - 1

In International Class 009, the mark was first used at least as early as 00/00/1998, and first used in commerce at least as early as 00/00/1998, 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) package for the goods.

      Specimen - 1

In International Class 021, the mark was first used at least as early as 00/00/1907, and first used in commerce at least as early as 00/00/1907, 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) package for the goods.

      Specimen - 1

In International Class 031, the mark was first used at least as early as 00/00/2000, and first used in commerce at least as early as 00/00/2000, 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) package for the goods.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 1253638, 1987184, and 2809905.

The applicant hereby appoints Marsha G. Gentner and Harvey B. Jacobson, Jr., John Clarke Holman, Simor L. Moskowitz, Allen S. Melser, Michael R. Slobasky, Jonathan L. Scherer and George W. Lewis of Jacobson Holman PLLC, 6th Floor, 400 Seventh St. NW, Washington, District of Columbia, United States, 20004 to submit this application on behalf of the applicant. The attorney docket/reference number is 6208/T35430US0.

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

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:
Signatory's Name: Harry E. Whaley
Signatory's Position: CEO

Signatory's Signature: Signature

Mailing Address:
     Marsha G. Gentner
     6th Floor
     400 Seventh St. NW
     Washington, District of Columbia 20004

RAM Sale Number: 557
RAM Accounting Date: 02/14/2006

Serial Number: 78813724
Internet Transmission Date: Mon Feb 13 18:20:20 EST 2006
TEAS Stamp: USPTO/BAS-XXXXXXXX-20060213182020935275-
78813724-200741a36312b2799cd0cb165896f58
e39-CC-557-20060213181516567788