PR-Section 15

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 1573 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1573 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Incontestability of a Mark under Section 15

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 Incontestability of its mark under Section 15.

For International Class 007, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this 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 paintAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.

For International Class 009, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Air regulators, namely, oxygen regulatorsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.

For International Class 011, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Air powered dryers, namely, industrial dryers for heating and dehumidifying; desiccant dryersAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
The registrant's current Attorney Information: Michael A. Marrero of  ULMER & BERNIE LLP
      SUITE 2800
      600 VINE STREET
      CINCINNATI, Ohio 45202-2409
      United States (not authorized)

The registrant's proposed Attorney Information: Michael A. Marrero of  ULMER & BERNIE LLP
      SUITE 2800
      600 VINE STREET
      CINCINNATI, Ohio 45202-2409
      United States The docket/reference number is 34076-5.
The Other Appointed Attorney(s): Seth A. Voit and Clayton Kuhnell.

The phone number is 513 698 5078.
The fax number is 513 698 5079.
The email address is mmarrero@ulmer.com. (authorized)
The registrant's current Correspondence Information: JOHN F BENNETT of  ULMER & BERNIE LLP
      SUITE 2800
      600 VINE STREET
      CINCINNATI, Ohio 45202-2409
      United States (not authorized)

The registrant's proposed Correspondence Information: Michael A. Marrero of  ULMER & BERNIE LLP
      SUITE 2800
      600 VINE STREET
      CINCINNATI, Ohio 45202-2409
      United States The docket/reference number is 34076-5.

The phone number is 513 698 5078.
The fax number is 513 698 5079.
The email address is mmarrero@ulmer.com; ipdocketing@ulmer.com. (authorized)

A fee payment in the amount of $600 will be submitted with the form, representing payment for 3 class(es).


Declaration

	The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still 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.
	There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	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: /Michael A. Marrero/    Date: 09/07/2018
Signatory's Name: Michael A. Marrero
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone: 513 698 5078

Mailing Address (current):
   ULMER & BERNIE LLP
   600 VINE STREET
   CINCINNATI, Ohio 45202-2409

Mailing Address (proposed):
   ULMER & BERNIE LLP
   600 VINE STREET
   CINCINNATI, Ohio 45202-2409

Serial Number: 85220689
Internet Transmission Date: Fri Sep 07 15:42:56 EDT 2018
TEAS Stamp: USPTO/SECT15-XXX.XXX.XXX.XXX-20180907154
256880552-4322789-610d561969b5f30d935c33
afa786bdf8364f37eee143f5d59dab3fb1a10454
a58fd-CC-2335-20180907153759082422