Section 71 Request

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1663 (Rev 11/2012)

OMB No. 0651-0055 (Exp 11/30/2015)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1663 (Rev 11/2012)

OMB No. 0651-0055 (Exp 11/30/2015)

Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3041898
REGISTRATION DATE: 01/10/2006

MARK: RAPIDAPTOR (see, )

The owner/holder, Wera Werk Hermann Werner GmbH & Co. KG, LIMITED PARTNERSHIP legally organized under the laws of Germany, having an address of
      Korzerter Strasse 21-25
      D-42349 Wuppertal,
      Germany
is filing a Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71.

For International Class 007, this filing does NOT cover the following goods or services for this specific class listed in the registered extension of protection, and these goods or services are to be permanently deleted (removed) from the registration:  ... SCREWDRIVERS .

The mark is in use in commerce on or in connection with the following goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim: PARTS OF MACHINE-OPERATED TOOLS, NAMELY, BITS FOR SCREWDRIVERS; QUICK RELEASE CHUCKS; PARTS AND SPARE PARTS OF THE AFOREMENTIONED GOODS

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) MATERIAL SHOWING USE OF MARK ON PRODUCT PACKAGING.

Original PDF file:
SPN0-472342154-20151215122208809911_._RAPIDAPTOR_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

For International Class 008, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) PICTURE SHOWING USE OF MARK ON PRODUCT PACKAGING.
Specimen File1

MISCELLANEOUS STATEMENTS
PLEASE NOTE THAT THE DESCRIPTION OF GOODS FOR CLASS 7 HAD TO BE AMENDED TO MAKE THE LIMITATION/DELETION OF GOODS POSSIBLE. MORE SPECIFICALLY, REGISTRANT/OWNER NO LONGER USES THE MARK IN CONNECTION WITH SCREWDRIVERS; THEREFORE, SCREWDRIVERS MUST BE DELETED FROM THE REGISTRATION. SCREWDRIVERS WERE THE ONLY "MACHINE TOOL" INCLUDED IN THE REGISTRATION. HOWEVER, REGISTRANT/OWNER CONTINUES TO USE THE MARK IN CONNECTION WITH "PARTS THEREOF" OR "PARTS OF MACHINE TOOLS". THEREFORE, IT WAS NECESSARY TO MOVE AROUND/AMEND THE LANGUAGE TO ACCURATELY REFLECT THAT THE MARK IS IN USE IN COMMERCE IN CONNECTION WITH "PARTS OF MACHINE TOOLS, NAMELY..." ALL OF THE ITEMS LISTED THEREAFTER. THE IDENTIFICATION WOULD NOT MAKE SENSE OR ACCURATELY REFLECT THE CURRENT USE OF THE MARK IF ONLY THE WORD SCREWDRIVERS WAS DELETED. IN FACT, DELETION OF ONLY THAT WORD WOULD BROADEN THE IDENTIFICATION OF GOODS AND BE INACCURATE.


The registrant hereby appoints STEWART J. BELLUS of COLLARD & ROE, P.C., 1077 NOTHERN BLVD., ROSLYN, New York United States 11576 as registrant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The phone number is 516 365 9802.

The fax number is 516 365 9805.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

Declaration


Unless the owner/holder has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services, or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C.§ 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.


Signature: /SJB/      Date: 12/15/2015
Signatory's Name: STEWART J. BELLUS
Signatory's Position: ATTORNEY OF RECORD, MEMBER OF NEW YORK BAR
Signatory's Phone Number: 5163659802

Mailing Address:
   COLLARD & ROE, P.C.
   1077 NOTHERN BLVD.
   ROSLYN, New York 11576

Serial Number: 79003256
Internet Transmission Date: Tue Dec 15 13:07:58 EST 2015
TEAS Stamp: USPTO/SECT71-XX.XX.XX.XXX-20151215130758
991332-3041898-550fa8b69989da0e76cf078d1
830627fcc6aa9847632517c545fddd5e3a8964ec
-CC-12425-20151215122208809911