Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: MALIBU(Standard Characters, see http://uspto.report/TM/85077407/mark.png)
SERIAL NUMBER: 85077407



The applicant, J. Baxter Brinkmann International Corporation, having an address of
      4215 McEwen Road
      Dallas, Texas 75244
      United States
is submitting the following allegation of use information:

For International Class 011:
Current identification: 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

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: 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; ceiling fans, portable electric and gas heaters, electric space heaters, and patio heaters; trailer lights for grills; canopies, canopy grommets, conduits, conduit connectors

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: 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; 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; 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; 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, 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, 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
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/20/1965, and first used in commerce at least as early as 10/20/1965, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Website printouts with add to cart feature.

Original PDF file:
SPN0-12146203103-20150415225135429109_._MALIBU_and_MOL_specimen_flashlight.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-12146203103-20150415225135429109_._MALIBU_and_MOL_specimen_grill.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-12146203103-20150415225135429109_._MALIBU_and_MOL_specimen_spotlight.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
The date of first use anywhere and in commerce is at least as early as 02/19/2015 for the recited goods other than "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".


A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. Section 1051(c) or a statement of use under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Bradley L. Adams/      Date Signed: 04/16/2015
Signatory's Name: Bradley L. Adams
Signatory's Position: General Counsel

RAM Sale Number: 85077407
RAM Accounting Date: 04/17/2015

Serial Number: 85077407
Internet Transmission Date: Thu Apr 16 17:09:05 EDT 2015
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-201504161709053
41184-85077407-53058be43cb191f9b4c1698e9
66bf78e6ee8dbef42fe2d97aa965876f92bcb49c
a-DA-3798-20150415225135429109