Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86616770

Filing Date: 05/01/2015

To the Commissioner for Trademarks:

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

The applicant, The Garland Company, Inc., a corporation of Ohio, having an address of
      3800 East 91st Street
      Cleveland, Ohio 44105
      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 _______: Polymer based coating material for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures; polymer based coating material for forming water-resistant or waterproof coatings for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures; urethane based coating material for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures; urethane based coating material for forming water-resistant or waterproof coatings for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures; urethane based membrane for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures; urethane based membrane for forming water-resistant or waterproof coatings for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures; urethane based sealants for use on roofs, floors, walls, ceilings, foundations, pavements, decks, and other building structures
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)).


The applicant's current Attorney Information:
      Brian E. Turung of FAY SHARPE LLP
      1228 Euclid Avenue
      Cleveland, Ohio 44115
      United States
The attorney docket/reference number is GARL 500402US01.

The applicant's current Correspondence Information:

Brian E. Turung

FAY SHARPE LLP

1228 Euclid Avenue

Cleveland, Ohio 44115

216-363-9000(phone)

uspto@faysharpe.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 registration resulting therefrom, 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.

Declaration Signature

Signature: /bet/   Date: 05/01/2015
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of record/Ohio bar member
RAM Sale Number: 86616770
RAM Accounting Date: 05/01/2015

Serial Number: 86616770
Internet Transmission Date: Fri May 01 12:46:33 EDT 2015
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2015050112463327
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ccbdee8c7f3d88b1a760135d5e6a69345a9135be
-CC-10764-20150501123642577134