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: 85156935

Filing Date: 10/20/2010

To the Commissioner for Trademarks:

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

The applicant, OASE GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Tecklenburger Straße 161
      Hörstel-Riesenbeck 48477
      Germany
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 007:  Pumps in the nature of electric pumps and as parts of machines; electric pumps for liquids, sludge, suspended matter or floating materials on water surfaces; electric pumps for fountains, swimming pools, aquariums, water treatment systems and sprinkling devices; electric wet-pit pumps, universal pumps, industrial pumps, pumps for chemicals, in particular acid-proof pumps, coolant pumps, replacement parts for the aforesaid pumps;
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on European Community application number 009080664, filed 04/21/2010. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 009:  Electric, electronic, hydraulic and pneumatic controllers for regulating the flow and flow direction of water in sanitary installations, water pipes, swimming pools, fountains, water treatment apparatus, water-filtering apparatus and water-purifying apparatus, and for lighting; sound recording and sound reproduction apparatus; computers and data-processing apparatus, namely, data processors; data carriers containing magnetic, optical or mechanical recordings, video films featuring information about and for use with fountains, water gardens, artificial lakes, and details of them; software sold as a component of control units for manually or automatically operating and controlling water fountain displays, such software containing programming for water and lighting displays associated with water fountains;
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on European Community application number 009080664, filed 04/21/2010. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 011:  Lighting apparatus and installations, namely, electric light fixtures and landscape lighting installations and waterscape lighting installations; lighting apparatus, namely, UV lamps not for medical purposes, sterilizing lamps not for medical purposes, water treatment apparatus, namely, chemical sterilization units, water filtering apparatus, water purification apparatus; pond filters, aquarium filters, fountain filters, and parts for the aforesaid goods, filter devices and lighting devices therefor, namely, light bulbs and water filters; pressurized water purification apparatus, namely, separators for the cleaning and purification of water; plumbing fittings for sanitary installations, namely, tub overflows for swimming pools and fountains; water pipes, overflows, swimming pools and fountains; fountains and water features for public facilities, gardens, balconies and interior spaces; water fountains, nozzles for use with fountains, namely, spray nozzles for water fountains, drinking fountains;
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 009080664, filed 04/21/2010. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
Beate Boudro, Esq. of Beate Boudro, Attorney at Law
      P.O. Box 16560
      Las Cruces, New Mexico 88004
      United States
The attorney docket/reference number is B - Aquarius.

The applicant's current Correspondence Information:

Beate Boudro, Esq.

Beate Boudro, Attorney at Law

P.O. Box 16560

Las Cruces, New Mexico 88004

575.522.0560(phone)

575.522.1196(fax)

A fee payment in the amount of $975 has been submitted with the application, representing payment for 3 class(es).

Declaration



Signatory's Signature: signatory file
Signatory's Name: Birgit Scheidler
Signatory's Position: Marketing Manager



RAM Sale Number: 9574
RAM Accounting Date: 10/20/2010

Serial Number: 85156935
Internet Transmission Date: Wed Oct 20 13:21:18 EDT 2010
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20101020132118789
047-85156935-47088f6967eb5cdf077576074d7
11f5fb80-CC-9574-20101020130014688358