Application

PTO- 1478

Approved for use through 06/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 06/30/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90786308

Filing Date: 06/21/2021

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 009:  Water filter controllers; Apparatus and instruments for switching, regulating or controlling electricity, namely, electric remote control apparatus and wireless transmission apparatus for remote control of pool and spa equipment; Apparatus and instruments for switching lights; Lighting control apparatus; Controllers and touchpad controllers for spa and pool equipment, namely, spa and pool electronic controllers for programming the timing and duration of heating, lighting, and pumping cycles; Electronic control systems, namely, control systems for interfacing water harvesting tanks to a mains water supply; Digital controls for gas spa heaters; Air switch controls for portable and in ground spas and swim spas; Controls for electric spa heaters; Fire extinguishing apparatus; Electronic control systems and equipment for pools and spas; Electronic control systems and equipment for water supply and water storage apparatus and 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.


The owner's/holder's proposed attorney information: Matthew P. Hintz, Esq.. Other appointed attorneys are Vanessa A. Ignacio, Esq. and Jenna-Marie Tracy, 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 38017.19.
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 $350 has been submitted with the application, representing payment for 1 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 P. Hintz/   Date: 06/21/2021
Signatory's Name: Matthew P. Hintz, Esq.
Signatory's Position: Attorney of Record, NJ Bar Member
Signatory's Phone Number: 973-597-2500
Signature method: Sent to third party for signature
Payment Sale Number: 90786308
Payment Accounting Date: 06/21/2021

Serial Number: 90786308
Internet Transmission Date: Mon Jun 21 19:07:33 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20210621190733885
463-90786308-78065be4e40a57d170a05886b11
c6dee4fb2bf444e54b07ad1dd344e12b15ad834-
DA-07330292-20210621172006295974