Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85077471

Filing Date: 07/02/2010

To the Commissioner for Trademarks:

MARK: MALIBU (Standard Characters, see mark)
The literal element of the mark consists of MALIBU.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, J. Baxter Brinkmann International Corporation, a corporation of Texas, having an address of
      4215 McEwen Road
      Dallas, Texas 75244
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 006:  Metal accessories and replacement parts for electric lighting fixtures, namely, cable clips, caps, gaskets, lens cages, metal clips for timers, pivots, hooks, knobs, risers, screws, stakes, and wire rope fittings of metal, namely, sockets.

In International Class 006, the mark was first used 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(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photograph of packaging.
Specimen File1


The applicant claims ownership of U.S. Registration Number(s) 3424575, 2861632, 0816551, and others.

The applicant's current Attorney Information:
Susan Hwang and Gary A. Clark, James R. Brueggemann, Darren Franklin, Bridgette Agness, Dennis Smith of Sheppard, Mullin, Richter & Hampton LLP
      333 South Hope Street, 43rd Floor
      Los Angeles, California 90071
      United States
The attorney docket/reference number is 042N-155729.

The applicant's current Correspondence Information:

Susan Hwang

Sheppard, Mullin, Richter & Hampton LLP

333 South Hope Street, 43rd Floor

Los Angeles, California 90071

(213) 620-1780(phone)

(213) 620-1398(fax)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and 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: 07/02/2010
Signatory's Name: Bradley L. Adams
Signatory's Position: General Counsel



RAM Sale Number: 3842
RAM Accounting Date: 07/06/2010

Serial Number: 85077471
Internet Transmission Date: Fri Jul 02 18:03:23 EDT 2010
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201007021803237
41587-85077471-4608e45959484cee1b6a1dd51
40e94d25-DA-3842-20100701191700063508