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: 85201681

Filing Date: 12/20/2010

To the Commissioner for Trademarks:

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

The applicant, The Marley-Wylain Company, a corporation of Delaware, having an address of
      500 Blaine Street
      Michgan City, Indiana 46360
      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 011:  Indirect fired water heaters
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)).


The applicant's current Attorney Information:
John H. Weber and Mark H. Tidman; Kelu L. Sullivan of Baker Hostetler LLP

      Suite 1100
      1050 Connecticut Avenue, NW
      Washington, District of Columbia 20036
      United States
The attorney docket/reference number is 087359.000001.

The applicant's current Correspondence Information:

John H. Weber

Baker Hostetler LLP

Suite 1100       1050 Connecticut Avenue, NW

Washington, District of Columbia 20036

2028611500(phone)

2028611783(fax)

trademarks@bakerlaw.com (authorized)

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: /John H. Weber/   Date Signed: 12/20/2010
Signatory's Name: John H. Weber
Signatory's Position: Attorney of record, DC bar member



RAM Sale Number: 10256
RAM Accounting Date: 12/20/2010

Serial Number: 85201681
Internet Transmission Date: Mon Dec 20 12:19:19 EST 2010
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201012201219190
26938-85201681-4707fcef791e1bf8e21c949de
c28f2c3ea-DA-10256-20101220121414333095