Combined Sec 71 & 15 Affidavit

PMC

FRONIUS INTERNATIONAL GMBH

Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 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 1683 (Rev 11/2012)
OMB No. 0651-0051 (Exp 04/30/2022)

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


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 4661542
REGISTRATION DATE 12/30/2014
SERIAL NUMBER 79144399
MARK SECTION
MARK PMC (see, mark)
ATTORNEY INFORMATION (current)
NAME Lawrence E. Abelman
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME Abelman Frayne and Schwab
STREET 666 Third Avenue 10th Floor
CITY New York
STATE New York
POSTAL CODE 10017-5621
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 212-949-9022
FAX 212-949-9190
EMAIL docket@lawabel.com
DOCKET/REFERENCE NUMBER 997562
ATTORNEY INFORMATION (proposed)
NAME Julianne Abelman
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Abelman Frayne & Schwab
STREET 666 Third Avenue 10th Floor
CITY New York
STATE New York
POSTAL CODE 10017-5621
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 212-949-9022
FAX 212-949-9190
EMAIL docket@lawabel.com
DOCKET/REFERENCE NUMBER 997562
OTHER APPOINTED ATTORNEY Marie Anne Mastrovito, John Miranda, Erica Halstead
CORRESPONDENCE INFORMATION (current)
NAME Lawrence E. Abelman
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE docket@lawabel.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 997562
CORRESPONDENCE INFORMATION (proposed)
NAME Julianne Abelman
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE docket@lawabel.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) mnektalov@lawabel.com
DOCKET/REFERENCE NUMBER 997562
DOMESTIC REPRESENTATIVE INFORMATION (current)
NAME Lawrence E. Abelman
PHONE 212-949-9022
FAX 212-949-9190
EMAIL docket@lawabel.com
DOMESTIC REPRESENTATIVE INFORMATION (proposed)
NAME Julianne Abelman
FIRM NAME Abelman Frayne & Schwab
STREET 666 Third Avenue 10th Floor
CITY New York
STATE New York
POSTAL CODE 10017-5621
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 212-949-9022
FAX 212-949-9190
EMAIL docket@lawabel.com
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 007
GOODS OR SERVICES Arc or laser welding equipment not for medical purposes, namely, electric arc welders, welding torches, welding electrodes; arc welding apparatus, in particular MIG (metal inert gas) or MAG (metal active gas) welding apparatus in the nature of electric arc welders, welding torches, welding electrodes
SPECIMEN FILE NAME(S) \\TICRS\EXPORT18\IMAGEOUT 18\791\443\79144399\xml1 \ S750002.JPG
SPECIMEN DESCRIPTION Mark as used on the goods
OWNER SECTION (current)
NAME Fronius International GmbH
MAILING ADDRESS Vorchdorfer Strasse 40
CITY Pettenbach
ZIP/POSTAL CODE A4643
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Austria
OWNER SECTION (proposed)
NAME Fronius International GmbH
MAILING ADDRESS Vorchdorfer Strasse 40
CITY Pettenbach
ZIP/POSTAL CODE A4643
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Austria
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPE limited liability company
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY WHERE LEGALLY ORGANIZED Austria
PAYMENT SECTION
NUMBER OF CLASSES 1
NUMBER OF CLASSES PAID 1
COMBINED §§ 71 & 15 FILING FEE 325
TOTAL FEE PAID 325
SIGNATURE SECTION
SIGNATURE /mam/
SIGNATORY'S NAME Marie Anne Mastrovito
SIGNATORY'S POSITION Attorney of Record, New York Bar Member
DATE SIGNED 12/30/2020
SIGNATORY'S PHONE NUMBER 212-949-9022
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Wed Dec 30 18:15:36 ET 2020
TEAS STAMP USPTO/S71N15-XXX.XX.XX.XX
-20201230181536615274-466
1542-7505454a277fbabb35e1
d2e9ff2ce7a08d652461a6609
7a7d92a6b988456e78db-CC-1
5345717-20201230181251318
966



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. 0651-0051 (Exp 04/30/2022)


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


To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4661542
REGISTRATION DATE: 12/30/2014

MARK: PMC

Current: The owner/holder, Fronius International GmbH, a limited liability company legally organized under the laws of Austria, having an address of
      Vorchdorfer Strasse 40
      Pettenbach, A4643
      Austria

Proposed: The owner/holder, Fronius International GmbH, a limited liability company legally organized under the laws of Austria, having an address of
      Vorchdorfer Strasse 40
      Pettenbach, A4643
      Austria
      XXXX
is filing a Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.

For International Class 007, the mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective membership organization, 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 all goods/services, or to indicate membership in the collective membership organization, listed in the existing registered extension of protection for this class. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods/services exists, 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; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

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) Mark as used on the goods.
Specimen File1

The owner's/holder's current attorney information: Lawrence E. Abelman. Lawrence E. Abelman of Abelman Frayne and Schwab, is located at

      666 Third Avenue 10th Floor
      New York, New York 10017-5621
      United States
The docket/reference number is 997562.

The phone number is 212-949-9022.

The fax number is 212-949-9190.

The email address is docket@lawabel.com

The owner's/holder's proposed attorney information: Julianne Abelman. Other appointed attorneys are Marie Anne Mastrovito, John Miranda, Erica Halstead. Julianne Abelman of Abelman Frayne & Schwab, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      666 Third Avenue 10th Floor
      New York, New York 10017-5621
      United States
The docket/reference number is 997562.

The phone number is 212-949-9022.

The fax number is 212-949-9190.

The email address is docket@lawabel.com

Julianne Abelman 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 current domestic representative's information: Lawrence E. Abelman. 

The phone number is 212-949-9022.

The fax number is 212-949-9190.

The email address is docket@lawabel.com

The proposed domestic representative's information: Julianne Abelman. Julianne Abelman of Abelman Frayne & Schwab, is appointed as owner's/holder's representative upon whom notice or process in the proceedings affecting the mark may be served. Julianne Abelman is located at

      666 Third Avenue 10th Floor
      New York, New York 10017-5621
      United States

The phone number is 212-949-9022.

The fax number is 212-949-9190.

The email address is docket@lawabel.com
Correspondence Information (current):
      Lawrence E. Abelman
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 997562.
Correspondence Information (proposed):
      Julianne Abelman
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@lawabel.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mnektalov@lawabel.com

The docket/reference number is 997562.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $325 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.


Declaration

Unless the holder/owner 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 holder/owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services.
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 goods/services listed 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 the holder's/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: /mam/    Date: 12/30/2020
Signatory's Name: Marie Anne Mastrovito
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone: 212-949-9022

Mailing Address (current):
   Abelman Frayne and Schwab
   666 Third Avenue 10th Floor
   New York, New York 10017-5621

Mailing Address (proposed):
   Abelman Frayne & Schwab
   666 Third Avenue 10th Floor
   New York, New York 10017-5621

Serial Number: 79144399
Internet Transmission Date: Wed Dec 30 18:15:36 ET 2020
TEAS Stamp: USPTO/S71N15-XXX.XX.XX.XX-20201230181536
615274-4661542-7505454a277fbabb35e1d2e9f
f2ce7a08d652461a66097a7d92a6b988456e78db
-CC-15345717-20201230181251318966

Combined Sec 71 & 15 Affidavit [image/jpeg]

Combined Sec 71 & 15 Affidavit [image/jpeg]


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