Office; that the mark shown therein has been in continuous use in (3)

(Type of commerce) commerce for five consecutive years from (4)

(Date) to the present, on each of the following goods (5) stated in the registration:

(List the goods or services or insert the words "all the goods" or "all the services"); that such mark is still in use in (3)

(Type of commerce) commerce; that there has been no final decision adverse to registrant's claim of ownership of such mark for such goods or services, or to registrant's right to register the same or to keep the same on the register, and that there is no proceeding involving said rights pending and not disposed of either in the Patent and Trademark Office or in the courts.

(Signature; if a corporation or other juristic organization, give the official title of the person who signs.)

(JURAT) (Use jurat from form 4.1.)

REPRESENTATION

(See form 4.2.)

NOTES

(1) The present owner of the registration must file the affidavit as registrant.

(2) If the registration issued under a prior act and has been published under section 12(c), add: “and published under section 12(c) on -(Date)."

(3) Type of commerce must be specified as "interstate," "territorial," "foreign," or such other commerce as may lawfully be regulated by Congress. Foreign registrants must specify commerce which Congress may regulate, using wording such as commerce with the United States or commerce between the United States and a foreign country.

(4) The date should be the beginning of a five year period of continuous use, all of which five year period falls after the date of registration under the Act of 1946 or after the date of publication under section 12(c). A date which would produce a period of continuous use which is longer than five years may be stated provided the period indicated includes five years of continuous use after registration under the Act of 1946 or publication under section 12(c)

(5) If a service mark registration, state: "in connection with each of the following services."

[43 FR 55400, Nov. 28, 1978]

(Name of registrant or of person authorized to sign for a juristic registrant) states that (1) (Name of registrant) owns the above identified registration issued (Date) (2), as shown by records in the Patent and Trademark Office; that the mark shown therein has been in continuous use in (3)

(Type of commerce) commerce for five consecutive years from the date of the registration or the date of publication under section 12(c) (4) to the present, on each of the following goods (5) stated in the registration:

(List the goods or services or insert the words "all the goods" or "all the services"); that such mark is still in use in (3) (Type of commerce) commerce; that such mark is still in use as evidenced by (6) - ; that there has been no final decision adverse to registrant's claim of ownership of such mark for such goods or services, or to registrant's right to register the same or to keep the same on the register, and that there is no proceeding involving said rights pending and not disposed of either in the Patent and Trademark Office or in the courts. (7)

(Signature; if a corporation or other juristic organization, give the official title of the person who signs.)

(JURAT) (Use jurat from form 4.1.)

REPRESENTATION

(See form 4.2 and note (8) below.)

NOTES

This combined form should not be used with the section 8 portion of the affidavit is based on nonuse.

(1) The present owner of the registration must file the affidavit as registrant.

(2) If the registration issued under a prior act and has been published under section 12(c), add: "and published under section 12(c) on (Date)." (3) Type of commerce must be specified as "interstate," "territorial," "foreign," or such

other commerce as may lawfully be regulated by Congress. Foreign registrants must specify commerce which Congress may regulate, using wording such as commerce with the United States or commerce between the United States and a foreign country.

(4) This form is only appropriate when the five year period of continuous use which is required for section 15 is also the first five years after registration or after publication under section 12(c) which is required for section 8.

(5) If a service mark registration, state: "in connection with each of the following services."

(6) Insert "the specimen included showing the mark as currently used," or recite facts as to sales or advertising which will show that the mark is in current use.

(7) The required fee of $10.00 for section 8 must be submitted for each class for which action is sought, and if action is sought for less than the total number of classes in the registration, the classes for which action is sought should be specified.

(8) If registrant is not domiciled in the United States, a domestic representative must be designated for section 8. See form 4.4. If a designation is not submitted with this form, a prior unrevoked designation will meet the requirement if such is already in the registration file.

[43 FR 55400, Nov. 28, 1978; 45 FR 56343, Aug. 25, 1980]

(Name of petitioner or of person authorized to sign for a juristic petitioner) states that he/she is the petitioner named in this petition to cancel, or is the person authorized to sign for the juristic petitioner named in this petition to cancel; that he/she has read the petition to cancel and knows the contents thereof; and that the allegations are true, except as to the matters stated therein to be upon information and belief, and as to those matters he/she believes them to be true.

(Signature of petitioner to cancel; if petitioner is a corporation or other juristic organization, give the official title of the person who signs for petitioner.)

(JURAT) (Use jurat from form 4.1.)

REPRESENTATION

(See form 4.2 and Note (7) under form 4.1. For petitioners who are foreigners, it is customary to regard a power of attorney as the equivalent of a domestic representative.)

NOTES

(1) If an individual, states: "an individual," or "an individual trading as

," if there is a business trade name. If a partnership, state: “a partnership composed of (Names of partners)." If a corporation, association, or other organization, state "a corporation (or specify other type of organization) organized and existing under the laws of (State or country)."

(2) The required fee of $25.00 must be submitted for each class sought to be cancelled, and if cancellation is sought for less than the total number of classes, the classes sought to be cancelled should be specified. [43 FR 55401, Nov. 28, 1978]

1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes, for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colouring matters, dyestuffs; mordants; natural resins; metals in foil and powder form for painters and decorators.

3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

4. Industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night lights and wicks.

5. Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin.

6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores.

7. Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators.

8. Hand tools and instruments; cutlery, forks, and spoons; side arms.

9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signalling,

(supervision), life-saving

and

checking teaching apparatus and instruments; coin or counterfreed apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus.

10. Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes, and teeth).

11. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air, or water.

13. Firearms; ammunition and projectiles; explosive substances; fireworks.

14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewelry, precious stones, horological and other chronometric instruments.

15. Musical instruments (other than talking machines and wireless apparatus).

16. Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype).

17. Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products; hose pipes (nonmetallic).

18. Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

19. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; roadmaking materials; asphalt, pitch and bitumen; portable buildings; stone monuments; chimney pots.

20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-ofpearl, meerschaum, celluloid, substitutes for all these materials, or of plastics.

21. Small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semiworked glass (excluding glass used in build