PR-Section 15

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 1573 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

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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 1573 (Rev 05/2006)

OMB No. 0651-0055 (Exp 10/31/2021)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4296841
REGISTRATION DATE: 03/05/2013

MARK: AQUABEADS

The owner, EPOCH COMPANY LTD., a corporation of Japan, having an address of
      2-2, 2-Chome, Komagata,
      2-2, 2-Chome, Komagata, Taito-ku
      Tokyo, 111-8618
      Japan
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 028, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Toys, namely, children's multiple activity toys consisting of beads and bead templates; children's multiple activity toys for creating objects from beads, consisting of beads, bead templates, picture sheets and picture holders; hobby craft toy kits consisting of beads and bead templates; hobby craft kits for creating objects from beads, consisting of beads, bead templates, picture sheets and picture holdersAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the 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 in either the U.S. Patent and Trademark Office or the courts.
The registrant's current Correspondence Information: Robert P. Michal of  LUCAS & MERCANTI, LLP
      30 BROAD STREET, 21st FLOOR
      NEW YORK, New York 10004
      United States
The phone number is 212-661-8000.
The fax number is 212-661-8002.
The email address is info@lmiplaw.com. (authorized)
The docket/reference number is 44464-45-TM.

The registrant's proposed Correspondence Information: Robert P. Michal of  LUCAS & MERCANTI, LLP
      30 BROAD STREET, 21st FLOOR
      NEW YORK, New York 10004
      United States The docket/reference number is 44464-45-TM.

The phone number is 212-661-8000.
The fax number is 212-661-8002.
The email address is info@lmiplaw.com; jameswray@jcwray.com. (authorized)

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es).


Declaration

	The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still 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 registration.
	There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 and the registration, 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: /James C. Wray/    Date: 02/07/2019
Signatory's Name: James C. Wray
Signatory's Position: Attorney
Signatory's Phone: 7034424800

Mailing Address:
   LUCAS & MERCANTI, LLP
   30 BROAD STREET, 21st FLOOR
   NEW YORK, New York 10004

Serial Number: 79110885
Internet Transmission Date: Thu Feb 07 11:27:41 EST 2019
TEAS Stamp: USPTO/SECT15-XXX.XX.XX.XXX-2019020711274
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dee26d9896c4381cfb41a8d5ce3dc5a466b72dd7
a-CC-11326-20190207111849045235