Notice of Allowance

MALIBU

J. Baxter Brinkmann International Corporation

Notice of Allowance


U.S. Patent and Trademark Office (USPTO) NOTICE OF ALLOWANCE

NOTE: If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 571-273-9550. Please include the serial number of your application on ALL correspondence with the USPTO.

ISSUE DATE: Apr 17, 2012

SUSAN HWANG
SHEPPARD MULLIN RICHTER & HAMPTON LLP
333 S HOPE ST FL 43
LOS ANGELES, CA 90071-1406

ATTORNEY
REFERENCE NUMBER

042N-155736

** IMPORTANT INFORMATION: 6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce. You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark. You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of Use ("Extension Request"). If you file an extension request, you must continue to file a new request every six months calculated from the issue date of the NOA until the Statement of Use is filed. Applicant may file a total of five (5) extension requests. FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION.

Please note that both the "Statement of Use " and "Extension Request" have many legal requirements including fees. Therefore, we encourage use of the USPTO forms, available online at http://www.gov.uspto.report/teas/index.html (under "INTENT-TO-USE (ITU) FORMS"), to avoid the possible omission of important information. Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online. If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s).

** Registration Subject to Cancellation for Fraudulent Statements **

Ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of your trademark registration. The lack of a bona fide intention to use the mark with all goods and/or services included in an application or the lack of use on all goods and/or services for which you claimed use could jeopardize the validity of your registration, possibly resulting in its cancellation.

The following information should be reviewed for accuracy:

SERIAL NUMBER:	85/077407
MARK:	MALIBU (STANDARD CHARACTER MARK)
OWNER:	J. Baxter Brinkmann International Corporation 4215 McEwen Road Dallas , TEXAS 75244

This application has the following bases, but not necessarily for all listed goods/services:

Section 1(a): NO

Section 1(b): YES

Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

011 -

Electric lighting fixtures, namely, ceiling lights, electric light decorative strings, decorative lights for use near or under water, rope lights for trees, shrubs and bushes, tree landscape lighting, and lights that drape or hang from outdoor patio umbrellas; filters, heaters and pumps sold in combination for use in swimming pools and decorative water fountains and ponds in outdoor landscape gardens; misting systems and mats for outdoor cooling for use alone or with outdoor chairs and lounges; misting systems and mats with electric lighting; outdoor automated mist systems for insect and pest control comprising portable lights, repellent, sensors and timers; portable lighting products, namely, flashlights, fluorescent lamps and tubes, floodlights, hand-held combination spotlights and flashlights, headlamps, lanterns, search lights, spot lights, and tactical flashlights; accessories for portable lighting products, namely, fiber optic attachments for use with flashlights in the nature of a flexible attachment fitted on flashlights to concentrate light from the flashlight, specially adapted holsters in the nature of carry cases for flashlights, and carrying cases specially adapted for carrying portable lighting products, namely, carrying cases for lanterns, spotlights and flashlights; portable electric fans, ceiling fans, portable electric and gas heaters, electric space heaters, and patio heaters; LED underwater lights used for fishing; optical lens covers, namely, specially adapted covers to fit on flashlights containing lens filters for the purpose of changing light color output from flashlights; light reflectors; electric bulbs; electric lamps; trailer lights for grills; metal structural and replacement parts for electric lighting fixtures, namely, light posts with electrical sources in protective covers, decorative rods, and decorative hooks and knobs; non-metal replacement parts which are structural components for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; grilling products, namely, barbecue grills, charcoal grills, electric grills, gas grills, cooking ovens, gas cooking ovens, folding portable ovens, electric roasters, rotisseries, barbecue smokers, ceramic stoves, electric stoves, gas stoves, portable heavy duty barbecue grills and barbecue smokers for use with a hitch trailer, folding portable charcoal, propane and gas grills, gas and electric deep fat cookers and fryers; replacement parts for barbecue charcoal, electric and gas grills, namely, air vent dampers, air vents, ash collector boxes, ash pans, ash trays, axles, axle caps, bezels, gas burners, canopies, canopy grommets, cart brackets, casters, ceramic briquettes, ceramic tile inlays in the nature of ceramic countertop plates for use in grills, charcoal ash cups, charcoal lighters, charcoal pans, conduits, conduit connectors, convection ovens, cooking grids, cotter pins, crossover channels for enabling flames to move from burner to burner, domes, doors, base door stops, drawers, drip pans, end caps, fireboxes, grate adjusters for raising or lowering grates, grates, grease cups, grease cup brackets, grease trays, grill basket guides, grill basket hangers, grill baskets, grill covers, grill lights, handle stops, handles, heat shield plates, heat shields, heating elements, hinge pins, hood bumper stops, hood liner inserts, hoods, igniter rubber caps, kick plates, lava rocks, legs, lids, meat racks, name plates, pan brackets, panel bases, panel frames, panel supports, panels, pans, pivots, power cords, rails, regulators, shelves, side tables, spark igniters, springs, support rings, tables designed to hold grills, warming trays, water pans, charcoal water pans, natural gas conversion kits comprising tools for hook-up for grills, namely, regulators, valves, caps, control knob, rubber hoses and igniter cap bezels, packaged kits containing grill assembly components and tools comprising bolts, nuts, washers, cotter pins, screwdrivers, wrenches or batteries, grill door kits comprising doors, door handles, door hinges and door stop magnets, and grill drawer kits comprising handles, latches, magnets, screws and brackets -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED

ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS