Combined Sec 71 & 15 Affidavit

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 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

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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 1683 (Rev 11/2012)

OMB No. 0651-0055 (Exp 12/31/2018)

Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3752477
REGISTRATION DATE: 02/23/2010

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

The owner/holder, YKK CORPORATION, a corporation of Japan, having an address of
      1, Kanda Izumi-cho
      Chiyoda-ku;
      Tokyo, 101-8642
      Japan
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.

For International Class 026, 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 from the registered extension of protection:  snap fasteners; hook and loop fastners; shoe eyelets; hook and eyes; knit or woven tapes for luggage and apparel; ribbons

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registered extension of protection for this specific class; and the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, and is still in use in commerce on or in connection with these goods or services. Also, no final decision adverse to the owner's claim of ownership of such mark for these goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists: Slide fasteners, namely, zippers;

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) The attached specimen includes photos of the mark in use in commerce on the identified goods..

Original PDF file:
SPN0-209242145130-20160108193636557571_._YKK021-Specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
The registrant's current Attorney Information: Michael D. Hobbs, Jr. of  Troutman Sanders LLP
      Suite 5200
      600 Peachtree Street NE
      Atlanta, Georgia 30308-2216
      United States
The docket/reference number is 236833.

The registrant's proposed Attorney Information: Mainak H. Mehta of  Procopio, Cory, Hargreaves and Savitch LLP
      Suite 2200
      525 B. Street
      San Diego, California 92101
      United States
The docket/reference number is 120776YKK021.
The Other Appointed Attorney(s): Michael C. Jones.

The phone number is 6506459000.

The fax number is 6192350398.

The email address is CPAGLOBAL@PROCOPIO.COM.
The registrant's current Correspondence Information: Michael D. Hobbs, Jr., Esq. of  Troutman Sanders LLP
      Suite 5200
      600 Peachtree Street NE
      Atlanta, Georgia 30308-2216
      United States
The docket/reference number is 236833.

The registrant's proposed Correspondence Information: Mainak H. Mehta of  Procopio, Cory, Hargreaves and Savitch LLP
      Suite 2200
      525 B. Street
      San Diego, California 92101
      United States
The docket/reference number is 120776YKK021.


The phone number is 6506459000.

The fax number is 6192350398.

The email address is CPAGLOBAL@PROCOPIO.COM;miku.mehta@procopio.com; ana.molina@procopio.com; trademarks@cpaglobal.com; docketing@procopio.com.

A fee payment in the amount of $300 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


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 mark has been in continuous use in commerce for five consecutive years after the date of registration in the United States, and is still in use in commerce on or in connection with all the goods/services, or to indicate membership in the collective membership organization in the existing registration. There has been no final decision adverse to the holder's/owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the holder's/owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the United States Patent and Trademark Office or in a court.

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: /Michael C. Jones/      Date: 01/08/2016
Signatory's Name: Michael C. Jones
Signatory's Position: Attorney of Record, Member of the California Bar
Signatory's Phone Number: 6506459000

Mailing Address (current):
   Troutman Sanders LLP
   600 Peachtree Street NE
   Atlanta, Georgia 30308-2216

Mailing Address (proposed):
   Procopio, Cory, Hargreaves and Savitch LLP
   525 B. Street
   San Diego, California 92101

Serial Number: 79065882
Internet Transmission Date: Fri Jan 08 19:47:37 EST 2016
TEAS Stamp: USPTO/S71N15-XXX.XXX.XXX.XXX-20160108194
737761312-3752477-55078583b2a3f1c286fda8
cfcf7cc8d2ab584f6cfe242be423c82b47852a23
e37-CC-6077-20160108193636557571