Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: CACTUS (stylized and/or with design)
SERIAL NUMBER: 85056658
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Cactus, LLC, having an address of
      1031 Le Grand Blvd.
      Charleston, South Carolina 29492
      United States
is submitting the following allegation of use information:

For International Class 010:
Current identification: pharmaceutical and medical waste containers

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/13/2011, and first used in commerce at least as early as 05/13/2011, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) shipping packaging showing the mark in Specimen 1. The packaging holds the described goods, which are shown in Specimen 3..
Specimen File1
Specimen File2


For International Class 037:
Current identification: hazardous waste disposal services; pharmaceutical waste disposal services

This allegation of use does not cover this specific class. This entire class is either to be permanently deleted from the application OR processed according to a Request to Divide.


For International Class 040:
Current identification: hazardous waste management and incineration; pharmaceutical and medical waste incineration services

This allegation of use does not cover this specific class. This entire class is either to be permanently deleted from the application OR processed according to a Request to Divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 010
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Classes 037 and 040



A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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 may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; 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: /Jud Wooddy/      Date Signed: 06/07/2011
Signatory's Name: Jud Wooddy
Signatory's Position: General CounselRequest to Divide Signature

Signature: /James P. Broder/    Date: 06/07/2011
Signatory's Name: James P. Broder
Signatory's Position: Attorney of record, California bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.


RAM Sale Number: 2992
RAM Accounting Date: 06/08/2011

Serial Number: 85056658
Internet Transmission Date: Tue Jun 07 16:13:17 EDT 2011
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2011060716131798
6420-85056658-480334c1f9f5ec8a82c6dea623
7cfdedbc-ET-2992-20110607155636675290