Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
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 04/30/2022)
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
The table below presents the data as entered.
Input Field
Entered
REGISTRATION NUMBER
4344729
REGISTRATION DATE
06/04/2013
SERIAL NUMBER
79113886
MARK SECTION
MARK
LUXOR (stylized and/or with design, see http://uspto.report/TM/79113886/mark.png)
ATTORNEY SECTION (new)
NAME
Miriam D. Trudell
ATTORNEY BAR MEMBERSHIP NUMBER
XXX
YEAR OF ADMISSION
XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY
XX
FIRM NAME
Sheridan Ross P.C.
STREET
1560 Broadway, Suite 1200
CITY
Denver
STATE
Colorado
POSTAL CODE
80202
COUNTRY
United States
PHONE
3038639700
FAX
3038630223
EMAIL
mtrudell@sheridanross.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
DOCKET/REFERENCE NUMBER
3083KK-16
OTHER APPOINTED ATTORNEY
Sabrina C. Stavish, Lew Hansen, Sarah J. Schneider, Pamela N. Hirschman, Caroline E. Bryce, Jeanette E. Sinclare, Autumn Hartman and Susan
Miller and all other attorneys
CORRESPONDENCE SECTION (current)
NAME
Miriam D. Trudell
FIRM NAME
Sheridan Ross P.C.
STREET
1560 Broadway, Suite 1200
CITY
Denver
STATE
Colorado
POSTAL CODE
80202
COUNTRY
United States
EMAIL
mtrudell@sheridanross.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
DOCKET/REFERENCE NUMBER
3083KK-16
CORRESPONDENCE SECTION (proposed)
NAME
Miriam D. Trudell
FIRM NAME
Sheridan Ross P.C.
STREET
1560 Broadway, Suite 1200
CITY
Denver
STATE
Colorado
POSTAL CODE
80202
COUNTRY
United States
PHONE
3038639700
FAX
3038630223
EMAIL
mtrudell@sheridanross.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
DOCKET/REFERENCE NUMBER
3083KK-16
DOMESTIC REPRESENTATIVE SECTION (new)
NAME
Miriam D. Trudell
FIRM NAME
Sheridan Ross P.C.
STREET
1560 Broadway, Suite 1200
CITY
Denver
STATE
Colorado
POSTAL CODE
80202
COUNTRY
United States
PHONE
3038639700
FAX
3038630223
EMAIL
mtrudell@sheridanross.com
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
DOCKET/REFERENCE NUMBER
3083KK-16
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS
004
GOODS OR SERVICES
DELETE ENTIRE CLASS
INTERNATIONAL CLASS
006
GOODS OR SERVICES TO BE DELETED
metal mounting structures, namely, rotatable metal structures for mounting solar panels, solar modules and roof constructions; fixing material
of metal, namely, metal fasteners for mounting solar panels; materials of metal for scaffolds; metal racks for mounting solar panels, metal poles; boundary markers, namely, metal stakes and masts of
metal; metal building profiles and frames for solar panels and for construction purposes; all the aforesaid goods for the field of renewable energy
GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE
Aluminum profiles, rotary metal structures for solar panels
photographS of product showing use of the mark on the product
INTERNATIONAL CLASS
009
GOODS OR SERVICES TO BE DELETED
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, life-saving and teaching
apparatus and instruments, namely, electronic device for monitoring and optimizing photovoltaic arrays and electronic sensors for measuring solar radiation * excluding video, photographic and
lighting apparatus and instruments used in connection with borescopes or microscopes; electronic apparatus and instruments for controlling, regulating, accumulating and monitoring of power
generation; blank magnetic data carriers, data processing apparatus and computers; all the aforesaid goods for the field of renewable energy
GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, solar panels
for production of electricity; photovoltaic systems, namely, consisting of solar modules for power generation, inverters, electronic apparatus and instruments for controlling, regulating,
accumulating and monitoring electric current and electrical signals; solar panel systems, namely, consisting of solar modules; solar panel systems for production of electricity comprised primarily of
photovoltaic solar modules, photovoltaic inverters, and solar collectors, all sold as a unit; and excluding batteries, accumulators, chargers for accumulators, safety switchgears for mains power
failure
photographs of products showing use of the mark on the product
INTERNATIONAL CLASS
011
GOODS OR SERVICES
DELETE ENTIRE CLASS
INTERNATIONAL CLASS
019
GOODS OR SERVICES
DELETE ENTIRE CLASS
INTERNATIONAL CLASS
035
GOODS OR SERVICES
DELETE ENTIRE CLASS
INTERNATIONAL CLASS
037
GOODS OR SERVICES TO BE DELETED
solar thermal energy; installation services, namely, installation of photovoltaic and solar thermal energy equipment and installation of solar
energy systems and alternative energy products for residential and commercial use; construction, cleaning, repair and maintenance of systems and plants in the field of renewable energy; scaffolding;
roofing services
GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE
Building construction; repair, namely, repair services of individual components in the field of photovoltaic energy
advertising for the services showing use of the mark
INTERNATIONAL CLASS
039
GOODS OR SERVICES
DELETE ENTIRE CLASS
INTERNATIONAL CLASS
040
GOODS OR SERVICES
DELETE ENTIRE CLASS
INTERNATIONAL CLASS
042
GOODS OR SERVICES TO BE DELETED
industrial analysis and research services, namely, industrial research in the fields of solar energy and renewable energy; design and
development of computer hardware and software; technical analysis and preparation of technical certificates for assessment of projects and project partners; technical planning, namely, technological
planning and design and engineering of technological projects and technological coordination of systems and plants in the field of renewable energy; quality testing of products for certification
purposes; design planning and engineering of as well as development services for third parties in the field of renewable energy; engineering
GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE
Scientific and technological services, namely, research, technology planning, development and design in the field of solar energy and
renewable energy
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 04/30/2022)
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
MARK: (Stylized and/or with Design, LUXOR (see, mark))
The owner/holder, Luxor Lizenz GmbH, gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
Theodor-Heuss-Strasse 30
Stuttgart, 70174
Germany
is filing a Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71.
For International Class 004, this filing does not cover this specific class. This entire class is to be deleted from the registration. The USPTO will invalidate protection of this class
and notify the International Bureau accordingly
For International Class 006, 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: metal mounting structures, namely, rotatable metal structures for mounting solar panels, solar modules and roof
constructions; fixing material of metal, namely, metal fasteners for mounting solar panels; materials of metal for scaffolds; metal racks for mounting solar panels, metal poles; boundary markers,
namely, metal stakes and masts of metal; metal building profiles and frames for solar panels and for construction purposes; all the aforesaid goods for the field of renewable energy
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: Aluminum profiles, rotary metal structures for solar panels
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) photographS of product showing use of the
mark on the product. Specimen File1 Specimen File2 Specimen File3 Specimen File4
For International Class 009, 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: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking,
life-saving and teaching apparatus and instruments, namely, electronic device for monitoring and optimizing photovoltaic arrays and electronic sensors for measuring solar radiation * excluding video,
photographic and lighting apparatus and instruments used in connection with borescopes or microscopes; electronic apparatus and instruments for controlling, regulating, accumulating and monitoring of
power generation; blank magnetic data carriers, data processing apparatus and computers; all the aforesaid goods for the field of renewable energy
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: Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or
controlling electricity, namely, solar panels for production of electricity; photovoltaic systems, namely, consisting of solar modules for power generation, inverters, electronic apparatus and
instruments for controlling, regulating, accumulating and monitoring electric current and electrical signals; solar panel systems, namely, consisting of solar modules; solar panel systems for
production of electricity comprised primarily of photovoltaic solar modules, photovoltaic inverters, and solar collectors, all sold as a unit; and excluding batteries, accumulators, chargers for
accumulators, safety switchgears for mains power failure
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) photographs of products showing use of the
mark on the product. Specimen File1 Specimen File2 Specimen File3
For International Class 011, this filing does not cover this specific class. This entire class is to be deleted from the registration. The USPTO will invalidate protection of this class
and notify the International Bureau accordingly
For International Class 019, this filing does not cover this specific class. This entire class is to be deleted from the registration. The USPTO will invalidate protection of this class
and notify the International Bureau accordingly
For International Class 035, this filing does not cover this specific class. This entire class is to be deleted from the registration. The USPTO will invalidate protection of this class
and notify the International Bureau accordingly
For International Class 037, 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: solar thermal energy; installation services, namely, installation of photovoltaic and solar thermal energy equipment and
installation of solar energy systems and alternative energy products for residential and commercial use; construction, cleaning, repair and maintenance of systems and plants in the field of renewable
energy; scaffolding; roofing services
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: Building construction; repair, namely, repair services of individual components in the field of
photovoltaic energy
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) advertising for the services showing use of
the mark.
For International Class 039, this filing does not cover this specific class. This entire class is to be deleted from the registration. The USPTO will invalidate protection of this class
and notify the International Bureau accordingly
For International Class 040, this filing does not cover this specific class. This entire class is to be deleted from the registration. The USPTO will invalidate protection of this class
and notify the International Bureau accordingly
For International Class 042, 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: industrial analysis and research services, namely, industrial research in the fields of solar energy and renewable energy;
design and development of computer hardware and software; technical analysis and preparation of technical certificates for assessment of projects and project partners; technical planning, namely,
technological planning and design and engineering of technological projects and technological coordination of systems and plants in the field of renewable energy; quality testing of products for
certification purposes; design planning and engineering of as well as development services for third parties in the field of renewable energy; engineering
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: Scientific and technological services, namely, research, technology planning, development and design
in the field of solar energy and renewable energy
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) advertising for the services showing use of
the mark.
The applicant hereby appoints Miriam D. Trudell. Other appointed attorneys are Sabrina C. Stavish, Lew Hansen, Sarah J. Schneider, Pamela N. Hirschman, Caroline E. Bryce, Jeanette E. Sinclare, Autumn
Hartman and Susan Miller and all other attorneys. Miriam D. Trudell of Sheridan Ross P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is
located at
1560 Broadway, Suite 1200
Denver, Colorado 80202
United States
to submit this Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 on behalf of the applicant.
The docket/reference number is 3083KK-16.
The phone number is 3038639700.
The fax number is 3038630223.
The email address is mtrudell@sheridanross.com
Miriam D. Trudell submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: Miriam D. Trudell. Miriam D. Trudell of Sheridan Ross P.C., is located at
1560 Broadway, Suite 1200
Denver, Colorado 80202
United States
The docket/reference number is 3083KK-16.
The email address is mtrudell@sheridanross.com
The applicants proposed correspondence information: Miriam D. Trudell. Miriam D. Trudell of Sheridan Ross P.C., is located at
1560 Broadway, Suite 1200
Denver, Colorado 80202
United States
The docket/reference number is 3083KK-16.
The phone number is 3038639700.
The fax number is 3038630223.
The email address is mtrudell@sheridanross.com
Miriam D. Trudell. Miriam D. Trudell of Sheridan Ross P.C., is located at
1560 Broadway, Suite 1200
Denver, Colorado 80202
United States as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.
The docket/reference number is 3083KK-16.
The phone number is 3038639700.
The fax number is 3038630223.
The email address is mtrudell@sheridanross.com
A fee payment in the amount of $900 will be submitted with the form, representing payment for 4 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 identified above, as evidenced by the attached
specimen(s).
Unless the owner/holder has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
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: /miriam trudell/ Date: 12/04/2019
Signatory's Name: Miriam D. Trudell
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone: 3038639700
Mailing Address:
Sheridan Ross P.C.
1560 Broadway, Suite 1200
Denver, Colorado 80202
Serial Number: 79113886
Internet Transmission Date: Wed Dec 04 17:43:24 EST 2019
TEAS Stamp: USPTO/SECT71-XX.XXX.XXX.XX-2019120417432
4290013-4344729-700d822ddb8790b5506b966b
25cb7a7856989bc02fb71732e314d22be5878263
-DA-43232529-20191204173311461017
