| PTO Form 1478 (Rev 9/2006) |
| OMB No. 0651-0009 (Exp 02/28/2018) |
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
| Serial Number: 86670448 |
| Filing Date: 06/22/2015 |
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular
application.
The table below presents the data as entered.
Input Field
|
Entered
|
| TEAS Plus |
YES |
| MARK INFORMATION |
| *MARK |
\\TICRS\EXPORT16\IMAGEOUT 16\866\704\86670448\xml1\ FTK0002.JPG |
| *SPECIAL FORM |
YES |
| USPTO-GENERATED IMAGE |
NO |
| LITERAL ELEMENT |
Black Diamond |
| *COLOR MARK |
NO |
*COLOR(S) CLAIMED
(If applicable) |
|
*DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a horizontal diamond with text "Black Diamond" overlaying and extending beyond the diamond. |
| PIXEL COUNT ACCEPTABLE |
YES |
| PIXEL COUNT |
844 x 498 |
| REGISTER |
Principal |
| APPLICANT INFORMATION |
| *OWNER OF MARK |
Black Diamond Termite & Pest Control, Inc. |
| *STREET |
4911 Hamburg Pike |
| *CITY |
Jeffersonville |
*STATE
(Required for U.S. applicants) |
Indiana |
| *COUNTRY |
United States |
*ZIP/POSTAL CODE
(Required for U.S. applicants) |
47130 |
| PHONE |
812-944-0453 |
| FAX |
812-949-6550 |
| EMAIL ADDRESS |
XXXX |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| LEGAL ENTITY INFORMATION |
| *TYPE |
CORPORATION |
| * STATE/COUNTRY OF INCORPORATION |
Indiana |
| GOODS AND/OR SERVICES AND BASIS INFORMATION |
| *INTERNATIONAL CLASS |
037 |
| *IDENTIFICATION |
Pest control |
| *FILING BASIS |
SECTION 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 09/01/2013 |
| FIRST USE IN COMMERCE DATE |
At least as early as 09/01/2013 |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\866\704\86670448\xml1\ FTK0003.JPG |
| SPECIMEN DESCRIPTION |
digital image of a website currently used in commerce |
| ADDITIONAL STATEMENTS SECTION |
*TRANSLATION
(if applicable) |
|
*TRANSLITERATION
(if applicable) |
|
*CLAIMED PRIOR REGISTRATION
(if applicable) |
|
*CONSENT (NAME/LIKENESS)
(if applicable) |
|
*CONCURRENT USE CLAIM
(if applicable) |
|
| MISCELLANEOUS STATEMENT |
Prior registrations: Applicant claims ownership of registration #77078126 for similar marks (text "Black Diamond" for IC37) |
| CORRESPONDENCE INFORMATION |
| *NAME |
Black Diamond Termite & Pest Control, Inc. |
| *STREET |
4911 Hamburg Pike |
| *CITY |
Jeffersonville |
*STATE
(Required for U.S. applicants) |
Indiana |
| *COUNTRY |
United States |
| *ZIP/POSTAL CODE |
47130 |
| PHONE |
812-944-0453 |
| FAX |
812-949-6550 |
| *EMAIL ADDRESS |
ty@bdpest.com |
| *AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| FEE INFORMATION |
| APPLICATION FILING OPTION |
TEAS Plus |
| NUMBER OF CLASSES |
1 |
| FEE PER CLASS |
225 |
| *TOTAL FEE PAID |
225 |
| SIGNATURE INFORMATION |
| * SIGNATURE |
/Durwin K. Duncan, Jr./ |
| * SIGNATORY'S NAME |
Durwin K. Duncan, Jr. |
| * SIGNATORY'S POSITION |
Vice President |
| SIGNATORY'S PHONE NUMBER |
812-944-0453 |
| * DATE SIGNED |
06/22/2015 |
| PTO Form 1478 (Rev 9/2006) |
| OMB No. 0651-0009 (Exp 02/28/2018) |
Trademark/Service Mark Application, Principal Register
TEAS Plus Application
| Serial Number: 86670448 |
| Filing Date: 06/22/2015 |
To the Commissioner for Trademarks:
MARK: Black Diamond (stylized and/or with design, see
mark)
The literal element of the mark consists of Black Diamond.
The mark consists of a horizontal diamond with text "Black Diamond" overlaying and extending beyond the diamond.
The applicant, Black Diamond Termite & Pest Control, Inc., a corporation of Indiana, having an address of
4911 Hamburg Pike
Jeffersonville, Indiana 47130
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:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 037: Pest control
In International Class 037, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/01/2013, and first used in commerce
at least as early as 09/01/2013, 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/services, consisting of a(n) digital image of a website currently used in commerce.
Specimen File1
Miscellaneous Statement
Prior registrations: Applicant claims ownership of registration #77078126 for similar marks (text "Black Diamond" for IC37)
| The applicant's current Correspondence Information: |
| Black Diamond Termite & Pest Control, Inc. |
| 4911 Hamburg Pike |
| Jeffersonville, Indiana 47130 |
| 812-944-0453(phone) |
| 812-949-6550(fax) |
ty@bdpest.com (authorized)
E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand
that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic
Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services. |
A fee payment in the amount of $225 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.
Signature: /Durwin K. Duncan, Jr./ Date Signed: 06/22/2015
Signatory's Name: Durwin K. Duncan, Jr.
Signatory's Position: Vice President
RAM Sale Number: 86670448
RAM Accounting Date: 06/23/2015
Serial Number: 86670448
Internet Transmission Date: Mon Jun 22 18:24:40 EDT 2015
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201506221824405
89610-86670448-530b8da47f29e64252a6cc927
6ca25b3844742fbb7f5ffcc1030adc453983535-
DA-5310-20150622113931431875
