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: 85451076

Filing Date: 10/19/2011

To the Commissioner for Trademarks:

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

The applicant, Nienkämper Furniture & Accessories Inc., a corporation of Canada, having an address of
      257 Finchdene Square
      Toronto, Ontario M1X1B9
      Canada
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 020:  Furniture, namely tables, meeting tables, multipurpose tables, desks, workstations, training tables and flip-top tables.
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 Canada application number 1524243, filed 04/19/2011. 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:
Barry Krivisky of Law Office of Barry M. Krivisky

      Suite 300
      400 Garden City Plaza
      Garden City, New York 11530
      United States
The attorney docket/reference number is Nienkamper.

The applicant's current Correspondence Information:

Barry M. Krivisky

Law Office of Barry M. Krivisky

Suite 300       400 Garden City Plaza

Garden City, New York 11530

516-913-4654(phone)

516-742-4366(fax)

bkrivisky@litrademarks.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: /Barry M. Krivisky/   Date Signed: 10/19/2011
Signatory's Name: Barry M. Krivisky
Signatory's Position: Attorney of record New York



RAM Sale Number: 1932
RAM Accounting Date: 10/20/2011

Serial Number: 85451076
Internet Transmission Date: Wed Oct 19 15:37:30 EDT 2011
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201110191537306
32219-85451076-4805fb1dbd48a6a2fc3305c4e
58b5b582ac-CC-1932-20111019150749195252