Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1563 (Rev 05/2006)
OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER4322789
REGISTRATION DATE04/23/2013
SERIAL NUMBER85220689
MARK SECTION
MARK EMAX (see, https://tmng-al.uspto.gov/resting2/api/img/85220689/large)
CORRESPONDENCE SECTION (current)
FIRM NAMEEATON-MAX INC
STREET1000 CASS DRIVE
CITYCLAYTON
STATEOhio
POSTAL CODE45315
COUNTRYUnited States
PHONE513-698-5078
FAX513-698-5079
EMAILmmarrero@ulmer.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET/REFERENCE NUMBER34039-0001
CORRESPONDENCE SECTION (proposed)
NAMEEaton-Max, Inc.
STREET1000 CASS DRIVE
CITYCLAYTON
STATEOhio
POSTAL CODE45315
COUNTRYUnited States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 007
GOODS OR SERVICES Air compressors; Air powered tools, namely, air-oil separator filters for air compressor, air regulators being parts of the compressor; Air-operated power tools, namely, grinders, sanders, impact wrenches, and spray guns for paint
SPECIMEN FILE NAME(S)\\TICRS\EXPORT17\IMAGEOUT 17\852\206\85220689\xml3\ S080002.JPG
SPECIMEN DESCRIPTIONProduct picture showing the mark as used in commerce - Air compressor
INTERNATIONAL CLASS 009
GOODS OR SERVICES Air regulators, namely, oxygen regulators
SPECIMEN FILE NAME(S)\\TICRS\EXPORT17\IMAGEOUT 17\852\206\85220689\xml3\ S080003.JPG
SPECIMEN DESCRIPTIONProduct picture showing the mark as used in commerce - air controller , oxigen regulator
INTERNATIONAL CLASS 011
GOODS OR SERVICES Air powered dryers, namely, industrial dryers for heating and dehumidifying; desiccant dryers
SPECIMEN FILE NAME(S)\\TICRS\EXPORT17\IMAGEOUT 17\852\206\85220689\xml3\ S080004.JPG
SPECIMEN DESCRIPTIONProduct picture showing the mark as used in commerce - Air Dryer
OWNER SECTION (current)
NAME Eaton-Max, Inc.
STREET 1000 Cass Drive
CITY Clayton
STATE Ohio
ZIP/POSTAL CODE 45315
COUNTRY United States
LEGAL ENTITY SECTION (current)
TYPEcorporation
STATE/COUNTRY OF INCORPORATION Ohio
PAYMENT SECTION
NUMBER OF CLASSES 3
NUMBER OF CLASSES PAID 3
FILING § 8 AFFIDAVIT PER CLASS 375
TOTAL FEE PAID 375
SIGNATURE SECTION
SIGNATURE /Matthew S. Cain/
SIGNATORY'S NAME Matthew S. Cain
SIGNATORY'S POSITION CEO
DATE SIGNED 04/25/2018
PAYMENT METHODCC
FILING INFORMATION
SUBMIT DATE Wed Apr 25 06:43:30 EDT 2018
TEAS STAMP USPTO/SECT08-XX.XXX.XXX.X
X-20180425064330430014-43
22789-510ccee9cc63960c34e
c1e1d629fc9b5a162b577865c
98096e2d1fc6de69eafb1-CC-
8082-20180425063515708965



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1563 (Rev 05/2006)
OMB No. 0651-0055 (Exp 07/31/2018)


Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4322789
REGISTRATION DATE: 04/23/2013

MARK: EMAX

The owner, Eaton-Max, Inc., a corporation of Ohio, having an address of
      1000 Cass Drive
      Clayton, Ohio 45315
      United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 007, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Air compressors; Air powered tools, namely, air-oil separator filters for air compressor, air regulators being parts of the compressor; Air-operated power tools, namely, grinders, sanders, impact wrenches, and spray guns for paint ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Product picture showing the mark as used in commerce - Air compressor.
Specimen File1

For International Class 009, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Air regulators, namely, oxygen regulators ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Product picture showing the mark as used in commerce - air controller , oxigen regulator.
Specimen File1

For International Class 011, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Air powered dryers, namely, industrial dryers for heating and dehumidifying; desiccant dryers ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Product picture showing the mark as used in commerce - Air Dryer.
Specimen File1
The registrant's current Correspondence Information: of  EATON-MAX INC
      1000 CASS DRIVE
      CLAYTON, Ohio 45315
      United States
The phone number is 513-698-5078.
The fax number is 513-698-5079.
The email address is mmarrero@ulmer.com. (authorized)
The docket/reference number is 34039-0001.

The registrant's proposed Correspondence Information: Eaton-Max, Inc.
      1000 CASS DRIVE
      CLAYTON, Ohio 45315
      United States (not authorized)

A fee payment in the amount of $375 will be submitted with the form, representing payment for 3 class(es), plus any additional grace period fee, if necessary.


Declaration

Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Matthew S. Cain/    Date: 04/25/2018
Signatory's Name: Matthew S. Cain
Signatory's Position: CEO

Serial Number: 85220689
Internet Transmission Date: Wed Apr 25 06:43:30 EDT 2018
TEAS Stamp: USPTO/SECT08-XX.XXX.XXX.XX-2018042506433
0430014-4322789-510ccee9cc63960c34ec1e1d
629fc9b5a162b577865c98096e2d1fc6de69eafb
1-CC-8082-20180425063515708965