Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85821285

Filing Date: 01/11/2013

To the Commissioner for Trademarks:

MARK: RECOVER (stylized and/or with design, see mark)

The literal element of the mark consists of RECOVER.
The applicant is not claiming color as a feature of the mark. The mark consists of the term "RECOVER" written in lower case font with the letters r,v,e (second instance) and r (second instance) being solid and the letters e (first instance), c and o being in outline, and a wavy shape above the term "RECOVER" with an outline design on the wavy shape generally following the shape of the wavy shape, the wavy shape being superimposed over a partial outline having the general shape of the wavy shape and a generally tear-drop shape adjacent to the wavy shape.
The applicant, Canplas Industries Ltd., a corporation of Canada, having an address of
      P.O Box 1800,
      31 Patterson Road
      Barrie, Ontario L4M4V3
      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 _______: Electric pumps; water level sensors; solenoid valves; water filters; water aerators; water softeners; water chlorinators; water disinfectors; water hammer arrestors; spray nozzles; settlers for treating water; water coagulation units; water flocculation units; planter irrigation systems; lawn irrigation systems; garden irrigation systems; non-metal downspout accessories, namely, connectors, diverters, and adaptors; non-metal roof drains; non-metal drainage pipes; non-metal pipes; non-metal drainage pans; non-metal overflow diverters; non-metal gutters; rainwater holding tanks; storm water holding tanks; planter boxes; dye dispenser systems for grey water management equipment; water dyeing agents for use in dye dispensers for grey water management equipment; electronic controllers for grey water management equipment; elevating bases and stands for grey water management equipment; leak prevention products; toilet fill valves; toilet flapper valves; rain gutter covers; and rain gutter filters.
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 1605630, filed 12/18/2012. 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:
      Ludomir A. Budzyn and Daniel A. Scola, Jr., Salvatore J. Abbruzzese, John S. Sopko, Andrea M. Wilkovich, Stephen J. Brown, Palaiyur Kalyanaraman and Michael I. Chakansky all members of the Bar of the State of New Jersey and each of them of HOFFMANN & BARON, LLP, 6 Campus Drive, Parsippany, New Jersey 07054; and Charles R. Hoffmann, Ronald J. Baron, Glenn T. Henneberger, Irving N. Feit, Anthony E. Bennett, Steven T. Zuschlag, Susan A. Sipos, Kevin E. McDermott, James F. Harrington, Roderick S.W. Turner, Lauren T. Emr, Alexander G. Vodovozov, Betsy Kingbury Dowd and Perry Woo all members of the Bar of the State of New York and each of them of HOFFMANN & BARON, LLP
      6900 Jericho Turnpike
      Syosset, New York 11791-4407
      United States
The attorney docket/reference number is 669-226.

The applicant hereby appoints Ludomir A. Budzyn of HOFFMANN & BARON, LLP
      6900 Jericho Turnpike
      Syosset New York 11791-4407
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Ludomir A. Budzyn

HOFFMANN & BARON, LLP

6900 Jericho Turnpike

Syosset, New York 11791-4407

973-331-1700(phone)

973-331-1717(fax)

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.

Declaration Signature

Signature: /Ludomir A. Budzyn/   Date: 01/11/2013
Signatory's Name: Ludomir A. Budzyn
Signatory's Position: Attorney of record, NJ bar member
RAM Sale Number: 2118
RAM Accounting Date: 01/14/2013

Serial Number: 85821285
Internet Transmission Date: Fri Jan 11 15:28:34 EST 2013
TEAS Stamp: USPTO/BAS-XX.X.XXX.X-2013011115283405497
6-85821285-49022c19875f9eee1dc2aa32cabce
8fbbd-DA-2118-20130111150346293916