PR-Section 8 and 9

PTO- 1963

Approved for use through 01/31/2025. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1963

Approved for use through 01/31/2025. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4455900
REGISTRATION DATE: 12/24/2013

MARK: MAGNET

Current: The owner, Topcon Positioning Systems, Inc., a corporation of California, having an address of
      7400 National Drive
      Livermore, California 94551
      United States

Proposed: The owner, Topcon Positioning Systems, Inc., a corporation of California, having an address of
      7400 National Drive
      Livermore, California 94551
      United States
      XXXX
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

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: Computer software for use in collecting and managing topographic, surveying, and stake field data in the surveying, mapping and construction industries; Computer software for use in real-time processing, collaborating, and exchanging surveying, mapping and construction data between those in a field setting and those who are remotely overseeing a project; CAD software for use in the surveying, mapping and construction industries; Computer software for accessing and transferring topographic data in real-time, and managing, editing and using the data to adjust and generate final coordinates for use in the surveying, mapping, and construction industries, which may be downloaded from a global computer network ; 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) photograph of computer screen displaying goods bearing the mark.

Original PDF file:
SPN0-66449251-20230731071 519633904_._S5775033_Cl_9 _spec.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 042, 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: Providing a website featuring non-downloadable software for accessing and transferring topographic data in real-time, and managing, editing and using the data to adjust and generate final coordinates for use in the surveying, mapping, and construction industries ; 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) image of a web page displaying the mark and containing a link in connection with the services.

Original PDF file:
SPN1-66449251-20230731084 617938153_._S5775033_Cl_4 2_spec.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://www.magnetsystems.com/product/enterprise
Webpage Date of Access: 07/31/2023
The owner's/holder's current attorney information: Gabrielle S. Roth. Gabrielle S. Roth of SUGHRUE MION, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is S5775033.

The phone number is 202-293-7060.

The fax number is 202-293-7860.

The email address is tm@sughrue.com

The owner's/holder's proposed attorney information: Gabrielle S. Roth. Other appointed attorneys are Leigh Ann Lindquist, Jody H. Drake and Stephanie K. Wade. Gabrielle S. Roth of SUGHRUE MION, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2000 PENNSYLVANIA AVENUE NW, SUITE 9000
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is S5775033.

The phone number is 202-293-7060.

The fax number is 202-293-7860.

The email address is tm@sughrue.com

Gabrielle S. Roth submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information
      GABRIELLE S. ROTH
      PRIMARY EMAIL FOR CORRESPONDENCE: tm@sughrue.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): groth@sughrue.com
      The docket/reference number is S5775033.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1050 will be submitted with the form, representing payment for 2 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.
	The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
	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: /Randy Samuels/    Date: 07/31/2023
Signatory's Name: Randy Samuels
Signatory's Position: Senior Vice President and General Counsel
Signature method: Sent to third party for signature


Mailing Address (current):
   SUGHRUE MION, PLLC
   2000 PENNSYLVANIA AVENUE, N.W.
   WASHINGTON, District of Columbia 20006

Mailing Address (proposed):
   SUGHRUE MION, PLLC
   2000 PENNSYLVANIA AVENUE NW, SUITE 9000
   WASHINGTON, District of Columbia 20006

Serial Number: 85642625
Internet Transmission Date: Mon Jul 31 14:55:19 ET 2023
TEAS Stamp: USPTO/S08N09-XX.XX.XX.XX-202307311455204
98026-4455900-850ec1bd9b5d2fb1204c3f937a
5c9326b979759b022aaa7dc5cc5e097a0c011e3-
DA-55207403-20230731084617938153