Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90110483

Filing Date: 08/12/2020

To the Commissioner for Trademarks:

MARK: DEPEND ON DAVEY (Standard Characters, see mark)
The literal element of the mark consists of DEPEND ON DAVEY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Davey Water Products Pty Ltd, a limited company (ltd.) legally organized under the laws of Australia, having an address of
      6 Lakeview Drive
      Scoresby, Victoria 3179
      Australia
      XXXX

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 007:  Water pumps for swimming pools, spas, baths, whirlpools, fire protection, home pressure and control, water transfer, water filtering units, agriculture and viticulture, rain water harvesting, pressure boosting for main water and tank water, residential water supply and drainage, transfer and circulation of hot water; Submersible water pumps for drainage; Water pumps for grey and waste water drainage and transfer; Water pumps for extracting water from wells, reservoirs and rivers; Water pumps for irrigation and turf watering; Water pumps for industrial water supply, transfer and drainage; Water pumps for construction water supply, transfer and drainage; Water pumps for fire fighter pumps and structural parts and fittings therefor; Water filter controllers; Water pump silensor
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 011:  Swimming pool chlorinating apparatus; Water pressure tanks; Pressure regulators for water installations
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3955504, 5808293, 6120226, and others.


The owner's/holder's proposed attorney information: Matthew P. Hintz, Esq.. Other appointed attorneys are Vanessa A. Ignacio, Esq.. Matthew P. Hintz, Esq. of Lowenstein Sandler LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One Lowenstein Drive
      Roseland, New Jersey 07068
      United States
      973-597-2500(phone)
      973-597-2400(fax)
      lstrademark@lowenstein.com
The docket/reference number is 38017.17.
Matthew P. Hintz, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Matthew P. Hintz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: lstrademark@lowenstein.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have 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 persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission 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: /Matthew Hintz/   Date: 08/12/2020
Signatory's Name: Matthew Hintz, Esq.
Signatory's Position: Attorney of record, NJ bar member
Payment Sale Number: 90110483
Payment Accounting Date: 08/12/2020

Serial Number: 90110483
Internet Transmission Date: Wed Aug 12 22:09:00 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-202008122209004604
53-90110483-7404884a1f72642159f204cfaf4b
6a54c0fe4dd4d96294e61bc3c7e4b1f9a58-DA-0
9004211-20200812211909029369