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/85077424/mark.png)
SERIAL NUMBER: 85077424



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 020:
Current identification: Plastic decorative mounting hardware used in the assembling and securing of Christmas decorations, namely, hooks, stakes, supports and tree clips; non-metal casters; storage racks; Hardware, namely, non-metal wall mounted brackets for use with electric lighting fixtures, portable lighting products and grill and smoker accessories; gazing globes; Non-metal accessories for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; non-metal accessories for gas, charcoal, and barbecue grills, namely, name plates, shelving and plastic and wood knobs; Non-metal fasteners for use in boats, namely, metal self-aligning demountable snap fasteners consisting of press fasteners and press studs for use in attaching panels, hatches, floors and furniture in boats

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: Plastic decorative mounting hardware used in the assembling and securing of Christmas decorations, namely, hooks, stakes, supports and tree clips; shelving

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: Non-metal casters; storage racks; Hardware, namely, non-metal wall mounted brackets for use with electric lighting fixtures, portable lighting products and grill and smoker accessories; gazing globes; Non-metal accessories for electric lighting fixtures, namely, caps, decorative hooks, decorative rods and plastic and wood knobs; non-metal accessories for gas, charcoal, and barbecue grills, namely, name plates, and plastic and wood knobs; Non-metal fasteners for use in boats, namely, metal self-aligning demountable snap fasteners consisting of press fasteners and press studs for use in attaching panels, hatches, floors and furniture in boats
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:
SPN0-2-12146203103-20150326200105671912_._042N-155739_MALIBU_IC_20_Specimens.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


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 "Hardware, namely, non-metal wall mounted brackets for use with electronic lighting fixtures, non-metal accessories for electrical lighting fixtures, namely, caps, decorative hooks, 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: 03/26/2015
Signatory's Name: Bradley L. Adams
Signatory's Position: General Counsel

RAM Sale Number: 85077424
RAM Accounting Date: 03/27/2015

Serial Number: 85077424
Internet Transmission Date: Thu Mar 26 23:35:17 EDT 2015
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-201503262335176
43465-85077424-530c86f4acc685b819cb9f49d
dadc9a15375ee6663b47bbf363a6a94b93913a17
8-DA-7051-20150326200105671912