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: 85831759

Filing Date: 01/24/2013

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) green and blue is/are claimed as a feature of the mark. The mark consists of the word KIRBY within a design.
The applicant, Kirby Corporation, a corporation of Nevada, having an address of
      55 Waugh Drive, Suite 1000
      Houston, Texas 77007
      United States


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 037:  Diesel engine and diesel engine parts services and distribution.

In International Class 037, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/00/2002, and first used in commerce at least as early as 08/00/2002, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) webpages.

Original PDF file:
SPE0-38114105130-131858199_._T0004US.AP2.1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The applicant's current Attorney Information:
      Linda M. Merritt and Erin B. Frazier and all other attorneys with the Dallas office of Fulbright & Jaworski of Fulbright & Jaworski L.L.P.
      2200 Ross Avenue, Suite 2800
      Dallas, Texas 75201-2784
      United States
The attorney docket/reference number is KIRB.T0004US.AP2.

The applicant's current Correspondence Information:

Linda M. Merritt

Fulbright & Jaworski L.L.P.

2200 Ross Avenue, Suite 2800

Dallas, Texas 75201-2784

214-855-8000(phone)

214-855-8200(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: /Amy Husted/   Date: 01/24/2013
Signatory's Name: Amy Husted
Signatory's Position: Vice President – Legal
RAM Sale Number: 4818
RAM Accounting Date: 01/25/2013

Serial Number: 85831759
Internet Transmission Date: Thu Jan 24 17:13:45 EST 2013
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201301241713454
00903-85831759-490cbab576f7117ed13eccddc
ed8118851-CC-4818-20130124121708043037