LAW OFFICES OF DONALD W. HUDSPETH. P.C.
`
`Donald W. Hudspeth (012198)
`3030 North Central Avenue, Suite 604
`Phoenix,AZ 85012-2713
`Telephone: (602) 265-7997
`Facsimile: (602) 265-6099
`Attorneys for the Respondent
`
`TTAB
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`TRADEMARK TRIAL AND APPEALS BOARD
`
`IN AND FOR THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`LLOYD P. KISSICK/Agent for MY
`INVENTIONS LLC, an Arizona Limited
`Liability Corporation (SIC) Company,
`
`Petitioner,
`
`v.
`
`11
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`DIVERSIFIED SCALE COMPANY,
`
`INC., an Arizona
`Corporation/ANNAMARIA M. MURPHY
`- President.
`
`Respondent.
`
`\-/%/\J\/\/%/é\/%/Q/\/%/%%
`
`Cancellation No.: 92045520
`
`Reg. No. 2823470
`7%2Mo€6q
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`MOTION TO EXTEND TIME FOR
`
`ANSWER TO PETITION FOR
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`CANCELLATION OF TRADEMARK
`
`(Assigned to lnterlocutory Attorney
`Cheryl A. Butler)
`
`I, Lupe-Marie Jasso, as Firm Manager and Paralegal for the Law Offices of
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`Donald W. Hudspeth, P.C., it is my responsibility to schedule the filing of pleadings
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`with the court and to prepare such pleadings. Due to my daughter’s recent diagnosis
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`of a Meningioma brain stem tumor and consequent three (3) emergency surgeries I
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`miss calculated the due date of the Answer to this Petition.
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`For this reason I request that the Board grant an extension of time for the fili g
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`of the Answer from April 11, 2006 to April 14, 2006. I will provide a written stateme t
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`LAW OFFICES OF
`DONALD W. HUDSPET
`Pkrirrssiomu.
`CORPORATI
`PHOENIX .AZ
`
`from the attending neuro-sergeant, Dr. Robert Spetzler at Barrows Neurological
`
`Institute upon the Board's request. The Answer is hereto attached.
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`
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`r/_/__,_,,,.
`IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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`04-18-2006
`M ‘I R
`us. Patent & TMOtcI‘l’M 3|
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`of‘D1.#72
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`RESPECTFULLY SUBM|TTED this day of April, 2006.
`
`_ O
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`.ES2|:DONALD W. HUDSPETH, P.C.
`
`upe-Marie Jasso
`Paralegal to the Firm for Defendant
`
`ORIGINAL mailed thisji“day of
`April, 2006 with:
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Trademark Trial and Appeal Board
`P.O. Box 1451 Alexandria, VA 22313-1451
`
`10
`
`COPY of the foregoing mailed
`this /_‘~I1”‘day of April, 2006 to:
`
`Lloyd P. Kissick
`605 N. Sunflower Circle
`
`Chandler, AZ 85226
`Pro Per Plaintiff
`.\
`
`
`
` ‘..'
`C:\Data\ALL FILES\Hudspeth\State Bar\USPTO.MotionToExtend.CN92045520.wpd
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`LAW QFFICES or
`DONALD W, HUDSPET 4
`Pimn=_s-sin.v.u.
`CORPORATI )
`PIro|$~ux , AZ
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`2
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`LAW OFFICES OF
`DONALD W. HUDSPET
`Pkurrssirvmi.
`CORPORATI
`PIIOIZNIX .AZ
`
`LAW OFFICES OF DONALD W. HUDSPETH. P.C.
`
`Donald W. Hudspeth (012198)
`3030 North Central Avenue, Suite 604
`Phoenix,AZ 85012-2713
`Telephone: (602) 265-7997
`Facsimile: (602) 265-6099
`Attorneys for the Respondent
`
`TRADEMARK TRIAL AND APPEALS BOARD
`
`IN AND FOR THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`LLOYD P. KISSICK/Agent for MY
`INVENTIONS LLC, an Arizona Limited
`Liability Corporation (SIC) Company,
`
`Petitioner,
`
`v.
`
`DIVERSIFIED SCALE COMPANY,
`
`iNC., an Arizona
`Corporation/ANNAMARIA M. MURPHY
`- President,
`
`Respondent.
`
`
`%/\)\./\)%/§/%\/é%&/%\2%
`
`Cancellation No.: 92045520
`
`Reg. No. 2823470
`
`ANSWER TO PETITION FOR
`CANCELLATION OF TRADEMARK
`
`(Assigned to interlocutory Attorney
`Cheryl A. Butler)
`
`Respondent, Diversified Scale Company, inc. (“Diversified”), and AnnaMaria M.
`
`Murphy ,(“Murphy”) by and through undersigned counsel, for its Response, hereby
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`denies as follows:
`
`Based on our research, not only was the name available from Lloyd P. Kissick
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`(“Kissick”) to Murphy, but Mr. Kissick himself had begun using the name in 1985 after
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`a prior registrant, Caiibron Corporation which had “First Use” and “First Use in
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`Commerce”of May 2, 1977, let the name registration expired in 1984. (See AnnaMaria
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`Murphy Affidavit, Exhibit “1,” paragraph 16-17 and Exhibit Trademark Electronic
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`Search System (“Tess”) reports, Exhibit “2.”) Our investigation with the US Patent
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`and Trademark Office indicated the name “Ca|ibron” was “Dead” due to abandonment
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`

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`as of August 11, 1986 and therefore, available. (See, TARR system search results
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`attached as Exhibit “3.” So, Ms. Murphy filed the Application in the same way and
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`under the circumstances that Mr. Kissick first filed his application, i.e. after the name
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`was “dead” due to abandonment. So, assuming that Mr. Kissick’s application was
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`ethical and lawful under the circumstances then so was this firm's application under
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`the same circumstances. Moreover, this means that Mr. Kissick’s key statement on
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`page 3, paragraph
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`that I [Don Hudspeth on behalf of Diversified] signed a
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`DECLARATION “knowing full and well that the trademark, Calibron, was currently
`
`being used by the original owner,...” is false in at least two ways: (1) he was not
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`using it and (2) he was not the original owner.
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`(End of story really). And, as
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`described below he is not the only user of the name, and has not been for quite a
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`while. (See AnnaMaria Murphy Affidavit, Exhibit “1,” paragraph 19.)
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`A dead or abandoned status for a trademark application means that specific
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`application is no longer under prosecution within the USPTO, and would not be used
`
`as a bar against our filing. So, Respondent filed the Application as appointed by the
`
`applicant to “submit this application on behalf of the applicant” and our informed
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`belief at the time we filed the Application on April 22, 2003 was that the name was
`
`“dead,” “abandoned, ”and “cancelled,” not being used and available, that the mark’s
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`“Use in Commerce” was bona fide, and, as required, verified the statement.
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`Indeed,
`
`the United States Patent and Trademark Office approved the federal trademark (copy
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`of USPTO Notice of Publication and Certificate of Registration attached as Exhibit
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`“4”). So, as far as Respondent knew at the time this was an ordinary application that
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`had been approved and consummated.
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`Later, in the litigation phase when disputes over the name developed
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`l\.) Ca
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`LAW OFFICES or-‘
`DONALD \V, HlJDSl’E"[J'{‘
`Plllvl£.\'|.\'
`.l\Z
`3
`P|l(>l~'l£XXl().\';\|.
`CUl(l'nl<.\'|’l§Ig\‘
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`

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`Respondent learned of the issue regarding the date of “first use” issue. But, even
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`now Respondent does not believe the USPTO approved the Application because of
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`the date (correct or incorrect), but because Mr. Kissick had allowed his registration to
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`lapse, as confirmed by the Tess and TARR search data, Exhibits “2” and “3.” When
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`a trademark is guarded, as claimed to be by Mr. Kissick, the registrant of a trademark
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`has the opportunity to oppose an application during the period of publication; if no
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`opposition is filed with the USPTO then the Registration is awarded. So if the name
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`was still in affect, it would be Petitioner’s negligence, not Respondent’s overreaching,
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`that caused the harm). As stated, according to our name search the name was
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`available. It was based on this information that we filed the Application, not because
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`of the date of first use. And, when we learned of the dispute my client decided not to
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`use the “Calibron" corporation or federal trademark and to my knowledge has never
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`used it, so if there were an error it was not knowing or intentional, it became a moot
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`issue and caused no harm. Moreover, as shown by additional Tess reports, other
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`companies are using the Calibron name for products such as fluid measuring
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`equipment, flow meter data collection, and liquid density measurement, which are in
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`the same classification 009. (Second Tess report, Exhibit “5.”).
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`Mr. Kissick has not spent “tens of thousands of dollars” prosecuting them.
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`Under scrutiny Mr. Kissick’s Complaint is disingenuous because it was Mr. Kissick
`
`who refused to defend the patent after the 1986 suit because he and Ms. Murphy
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`each paid half of the $60,000 in attorney fees and after some time, it was a standing
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`retort that they were spending so much money, “we were probably buying the attorney
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`a new car.”(See AnnaMaria Murphy Affidavit, Exhibit “1,” paragraph 18.)
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`Mr. Kissick’s petition shows that he has no evidence to refute the objective
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`LAW OFFICES OF 3
`DONALD W. HuDsi>ETii§
`Pimr‘I-;ssiu.\',\I.
`Cn1<iiui<,\'i'l<§
`Pii<u:Nix . AZ
`$3
`
`

`
`evidence provided in our response. As shown, neither Mr. Kissick nor his Holder
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`Corporation owned the name “Calibron” at the time Ms. Murphy applied for the federal
`
`trademark. Morever, Mr. Kissick did not suffer any harm from the Application because
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`not only had he abandoned the “Word” on August 11, 1986 and his corporation,
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`Holder Corporation, cancelled the “Mark” on June 27, 1994 but also because, to
`
`avoid litigation and confrontation, Ms. Murphy did not use the name, even though the
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`USPTO had approved her use of it.
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`“Holder Corporation,” referred to in the Petition, Line 8, “This trademark has
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`passed from Mr. Kissick’s wholly owned company, Holder Corporation—an Arizona
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`corporation dba Supra Technologies, a duly registered ‘fictitious name’, (properly
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`closed and now defunct) to Mr. Kissick and then Mr. Kissick’s wholly owned Limited
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`Liability Corporation, MY INVENTIONS LLC, an Arizona limited liability corporation
`
`(sic) company.” Holder Corporation was not an “Arizona corporation” but a Delaware
`
`corporation “ which was revoked in 1988 by the State of Delaware. (Exhibit “6")
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`Further, Holder Corporation was not registered in Arizona as a foreign corporation and
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`therefore, not authorized to transact business in Arizona pursuant to Arizona law.
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`“Supra Technologies” was never a registered ‘fictitious name’ with the Arizona
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`Secretary of State nor was there a recordation of a Certificate of Fictitious Name with
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`the Maricopa County Recorder’s Office. Holder Corporation and Supra Technologies
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`were a Partnership recorded on July 18, 1986 with a Record Number of 86-0371063
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`abandoned and “now defunct.”
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`The Petitioner's claims have no standing because as stated the Calibron
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`trademarks Serial Number 73586453 was abandoned August 11, 1986 and Serial
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`l l
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`\) DJ
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`Number 73617763 was cancelled on June 27, 1994 and no Assignment of Trademark
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`Law Omces or 1;
`DONALD W. HUDSl’ETlEl
`4
`i
`Pkul<'|-'.€s'I0.\‘.\l.
`Cr 1R M :R NI‘! 1£N
`Pnu1a.\'1x . AZ
`
`

`
`3
`
`Z
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`was ever made to My Inventions, LLC from either defunct owner. Mr. Kissick had a
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`pattern of abandonment.
`
`If it had not been for Ms. Murphy’s continuous
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`i i l
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`3 manufacturing, sales and marketing since 1985 the product would not have survived.
`
`i WHEREFORE, Petitioner’s Complaint against Defendant should be dismissed with
`}
`prejudice.
`3
`
`RESPECTFULLY SUBMITTED this /2 day of April, 2006.
`LAX OFFEES OF figm W. HUDSPETH, P.C.
`Donald W. Huds eth, Esq.
`
`Attorney for Defendant
`
`:
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`E
`i
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`ORIGINAL mailed this/_€[ day of
`April, 2006 with:
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`3
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`4
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`6.
`7
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`10
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`1,
`3
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`§!
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`7 -3_)
`LAW OFFICES OF
`DONALD W. HUDSPETH
`Piluizmx .AZ
`Pi(<>I=i;s‘xir>r\',\i.
`CUl{X‘(ll{v\'l'lflT
`
`5
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451 Alexandria, VA 22313-1451
`and individually
`COPY of the foregoing mailed
`this flday of April, 2006 to:
`Lloyd P. Kissick
`i
`605 N. Sunflower Circle
`,
`l Ch dler, AZ 85226
`
`
`C:\Data\ALLFlLES\Murphy,AnnaMaria\USPTO.Answer.CancellationComplaint3-I4-06.wpd
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`§
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`EXHIBIT 1
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`

`
`AFFIDAVIT OF ANNAMARIA MURPHY
`
`STATE OF ARIZONA
`
`County of Maricopa
`
`)
`) ss.
`)
`
`I, AnnaMaria Murphy, having been duly sworn upon my oath, depose and say:
`
`1.
`
`2.
`
`I am President of Diversified Scale, Inc.
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`Under a January 15, 1985 Exclusive Distributorship Agreement between Holder
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`Corporation, Lloyd Preston Kissick’s company, and‘ Diversified, my company
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`sold the first Calibron scale order on June 3, 1985.
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`Thecontract is dated January 15, 1985 and I began my “first use” of the
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`product with exclusivity approximately May 1985.
`
`Although the Agreement refers to Mr. Kissick’s license and sale of the product
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`including its container to Diversified, as a matter of fact, Mr. Kissick stopped his
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`hands-on overseeing of manufacturing the product in late 1985 because the
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`product was not acceptable due to the poor quality because his wife and minor
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`children were making them.
`
`4
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`After that the mold was accessible to me whenever I needed to order from the
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`plastics company. I also ordered the plastic, the weights, the labels, the boxes
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`and then I had my workers assemble them.
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`I ordered and assembled the parts and marketed the product nationwide. Mr.
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`Kissick received and cashed the checks. Sometime in 1990 he insisted I make
`
`out the checks payable to his elderly parents, Cozette or Lloyd Kissick. When I
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`questions why he said, “it’s not your business, they now own Calibron.”
`From 1985 to 2000 I paid
`$2.00 per scale and fiom 2000 to 2003 I paid him
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`

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`$1.70 each. I had to do more marketing because of competition from knock—offs.
`
`When I asked him to please defend the patent and stop the erosion of our sales,
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`he told me he “was not buying another lawyer a new car.”
`
`On April 10, 2003 I called the plastic factory to order scale parts and was told
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`that on March 24, 2003 Mr. Kissick, had “pulled the die,” and with no notice
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`whatsoever, left me without product or income.
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`As a result I have designed and tried to sell a competitive product named
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`“EXCALIBER.”
`
`10.
`
`But, Mr. Kissick has called some of my customers and threatened them with suit
`
`if they sell my product.
`
`ll.
`
`This is Mr. Kissick’s modus operandi; that is, to intimidate and punish all who
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`do not do his bidding. There is also an element of rejected sexual advances
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`over many years.
`
`12.
`
`I provided my intake information for the federal Trademark Application to Lupe-
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`Marie Jasso, who also completed the first draft of the Application.
`
`As stated above I was the oneto manufacture and sell the Calibron scale for all
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`these years, and to my knowledge I was responsible for its continuous
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`‘ “commercial use” since 1985.
`
`14.
`
`Later on in the process,.I learned that our investigation with the US Patent and
`
`Trademark Office indicated the “Word” name “Calibron” was “Dead” due to
`
`abandonment as of August 11, 1986 and therefore, available.
`
`15}
`
`During this same investigation I also learned the Service Mark “Calibron” was
`
`“Dead” as it was “Cancelled” on June 27, 1994. The Registrant was “Holder
`
`Corporation.”
`
`

`
`16.
`
`In the USPTO search of “Calibron” ten (10) records were found with three (3)
`
`“Calibron” trademarks as “Dead:” the o_rigiI1_a1 trademark owned by a third party,
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`Calibron Corporation, expired in 1984; one was Mr. Kissick’s
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`“Word”abandoned in August 11, 1986; and one was Holder Co1poration’s
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`“Mark” cancelled on June 27, 1994.
`
`17.
`
`Mr. Kissick filed his “Word” trademark on March 6, 1986 and the “Mark” he
`
`filed on September 2, 1986 with the belief that the third party, Calibron
`Corporation, trademark of the Word and Mark had been abandoned and,
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`therefore, available; the same belief I had on April 22, 2003 that Mr. Kissick’s
`
`trademarks were abandoned and, therefore, available. Mr. Kissick’s claim to
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`common law rights would be superseded by Calibron Corporation’s claim of
`
`prior “Common Law” rights with “First Use” and “First Use In Commerce” of A
`May 2, 1977 and trademark filing on September 19, 1978. Therefore, his
`
`comments that he was the “original” owner are false, he had no more claim to it
`
`18.
`
`then I did.
`b
`Mr. Kissick and I sued for trade name infringement in 1986. By his action Mr.
`Kissick admits I had some interest in the name, otherwise, he would not have
`
`insisted I join in the suit against “Calibrator,” the name was then changed to
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`“Gem 7." And to my knowledge this was the one and last time he sued for trade
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`name, copyright or patent infringement. He was aware the scale had been cop_ied
`
`by many and were being sold as Gem-7, Acura 4, Accura 7, Precision 4,
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`Accugem 4, Accugem 7, Zen 7, and Zen 10, just a partial-list of knock-offs that
`Mr. Kissick refused to defend the patent. In the 1986 suit we each paid half of
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`the $60,000 in attorney fees. After some time, it was a standing retort that we
`
`

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`were spending so much money we were probably buying the attorney a new car.
`
`19.
`
`After
`
`Kissick’s trademark registration with the USPTO and after the 1986
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`infringement suit six Applications were filed with the name “Calibron” as
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`Trademark Registrants: “Calibron, Inc” in March 3, 1987, and “Calibron
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`Systems, Inc.” in December 11, 1989, September 23, 1991, two on July 23,
`
`1992, and April 4, 2002. All six filings were public record as are “Calibron
`
`Instruments,” “Ca1ibron.com,” “Calibron Systems, Inc.” and“Calibron Co.”
`
`which can all be found on the internet. Yet, Mr. Kissick failed to defend the
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`trade name “Calibron” until now.
`
`20.
`
`“Holder Corporation,” Mr. Kissick’s company, was revoked in 1988; like the
`
`name “Calibron,” the mark “Calibron,” and the scale patent Mr. Kissick had a
`
`~ pattern of abandonment. If it had not been for my continuous manufacturing,
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`sales and marketing since 1985 the product would not have survived.
`
`21.
`
`In 19911 was instructed to give the checks to his parents while Mr. Kissick was A
`
`in the Arizona State Prison in Douglas.
`
`22.
`
`I sought to avoid the tremendous cost of litigation. I never -did business under
`
`Calibron Scale, Inc. and allowed it to be dissolved. I used the boxes, with the
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`stickers, for a short time only. Because my newly designed boxes were late in
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`arriving and I had orders to fill I utilized only 1,000 Calibron boxes covering the
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`Calibron name with the EXCALIBER sticker and disposed of the balance of the
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`boxes; boxes which-Mr. Kissick had abandoned as he had abandoned the patent,
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`abandoned the trade name and abandoned the trademark.
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`23.
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`I made a new scale to market with a new name, “EXCALIBER,” created new
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`boxes with the “EXCALIBER” name and 1 marketed the new EXCALIBER
`
`4
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`

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`scale to the customers I cultivated over the past 18 years.
`
`24.
`
`Until Iwas informed of Mr. Kissick’s bar complaint the last communication
`between his law firm, Schmeiser, Olsen & Watts LLP, and the Law Offices of
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`Donald W. Hudspeth in February and March of this year arguing over my right
`
`to use the EXCALIBER name were the last communication to my knowledge.
`
`25.
`
`I have known Mr. Kissick for twenty years. Mr. Kissick, true to his nature,
`
`wants and needs to destroy me - under any name - and if he carmot do that in a
`
`court of law he’ll do that by taking away my protector - my lawyer. On
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`occasion, when Mr. Kissick wanted to do something I was not sure about I
`
`would tell him I would ask my attorney Dohn Rosenthal. Mr. Kissick held a
`
`grudge against Mr. Rosenthal because he was a tough negotiator on my behalf
`
`when we drew up the original Agreement. Mr. Kissick never liked me to be
`
`influenced by the attorney and always said, “are you going to sic your Rottweiler
`on me?’’‘ He then tried to get Mr. Rosenthal to take a personal injury case for his
`
`step-son knowing full well it would disqualify Mr. Rosenthal from defending me
`
`against Mr. Kissick, as we were in a business relationship. To Kissick, Dohn
`Rosenthal was a perceived threat.
`.
`I
`
`26.
`
`I am “scared stiff’ of Mr. Kissick - Ithink he is a dangerous man. Kissick is a
`
`bully who, in a letter to me on “06/20/O3 - 4:37 AM,” referred to himself as a
`
`“type A alcoholic” who “used to ‘go off’ on people or situations that appeared
`
`not to be going (his) way.” He feigns victimhood and persecution, and is always
`
`casting his “Target” as a “Villain” in order to legitimize his retaliatory actions to
`
`those who are not familiar with his need to control. Mr. Kissick likes to lawyer
`
`to intimidate as he did to one of my customers in his 2003 communique, “I am
`
`

`
`required to enter your witness information into my pleading,” “that means big
`damages for us” and “fraud against us will be our suit against you.” His control
`
`game is to psychologically terrorize me or anyone who interfered with his
`
`pursuit, currently my attorney.
`
`27.
`
`The foregoing is true and correct to my personal knowledge.
`
`
`
`ss.
`
`) )
`
`)_ A
`
`STATE OF ARIZONA
`
`County of Maricopa
`
`Subscribed and sworn before me on this date.
`
`My commission expires:
`
`/Q (42. (gag;
`
`‘EAL?
`
`.~'
`
`l
`
`;_
`
`
`
`wttgarla.-mam El
`1otaryi=t1blic-Nizona.
`.2’ s\.m=~ , u.amssi;1on¥i=xnlra8,13li2l§5°,2.L5;a»
`
`'3
`
`-
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`

`
`EXHIBIT 2
`
`

`
`
`
`§To: AzBusLaw@ao/.com
`§CC:
`teas@uspto. gov
`
`<MARK> Calibron (stylized or with design)
`
`We have received your application and assigned serial number 78240869‘ to your submission. The summary of the
`application data below serves as your official filing receipt. For electronically-submitted applications, the USPTO will no
`longer mail a paper filing receipt.
`If the USPTO later determines that no filing date was justified, your submission will be
`returned, and your filing fee will be refunded. You could then, if possible, cure the deficiency, and re-file the application.
`
`If you determine that you made an error in the information you entered, you may file a preliminary amendment
`‘electronically, stating your proposed correction, at http://eteas.uspto.govN2.0/pa200AN|ZARD.htm.
`NOTE: You cannot file a Preliminary Amendment until at least 15 days after initial filing of the application. Prior to that
`time, the serial number will not appear in the USPTO database (even though the number was assigned at the time of
`filing), preventing the uploading of new data.
`‘
`
`The examining attorney will determine whether the change proposed in the amendment is permissible, within the normal
`course of his or her review of the application. Please note that not all errors may be corrected; for example, if you
`submitted the wrong mark orthe incorrect goods and/or services, if the proposed correction would be considered a
`material alteration to your original filing, this will NOT be accepted. Unfortunately, your only recourse in that event is to re-
`file - your fee would NOT be refunded. Once you submit an application, either electronically orthrough the mail, we will
`not cancel the filing or refund your fee, unless the application fails to satisfy minimum filing requirements. The fee is a
`processing fee, which we do not refund even if we cannot issue a registration after our substantive review.
`
`In approximately 6 months, you will hearfrom the assigned examining attorney.
`
`NOTE: If you have a question, comment ortechnical concern about your specific application or TEAS in general, please
`send that question to PrinTEAS@uspto.gov. NOTE: To check status information, please use either http://tarr.uspto.gov,or
`call 703-305-8747 (M-F, 6:30 a.m. to 12 midnight, EST). However, do’NOT attempt to check status until at least 45 days
`after submission, to allow sufficient time for our databases to be updated.
`
`The applicant, Diversified Scale Company, lnc., a corporation of Arizona, residing at 4718 E. Cactus Road, #147,
`Phoenix, AZ USA 85032, requests registration of the trademark/service mark shown on the drawing page 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.
`
`* Classification and Listing of Goods/Services:
`
`_
`The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in
`commerce, orthe applicant's predecessor in interest used the mark in commerce, on or in connection with the identified
`goods and/or services. 15 U.S.C. Section 1051(a), as amended.
`
`International Class 009: Scales, precision pocket-sized twin-beam gram scales.
`
`the mark was first used at least as early as 05/01/1985, and first used in commerce at least as
`In International Class 009':
`early as 06/03/1985, and is now in use in such commerce. The applicantis submitting or will submit ‘one specimen for
`each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or
`services, consisting of a(n) 1) Scale/Product Packaging, 2) Instruction Manual, 3) Scale/Product Specifications.
`
`‘Correspondence lnforrnation
`
`The applicant, hereby appoints Donald W. Hudspeth of Law Offices of Donald W. Hudspeth, P.C., 3030 N. Central
`
`
`
`

`
`Avenue
`Suite 604, Phoenix, AZ USA 85012-2713 to submit this application on behalf ofthe applicant.
`
`* Fees
`
`A fee payment in the amount of $335 will be submitted with the application, representing payment for 1 class(es).
`
`*Declaration Signature
`
`Signature:/Donald W. Hudspethl Date: 04/22/2003
`Signatory's Name: Donald W. Hudspeth
`Signatory's Position: Principal Attorney
`
`::::::===:=:======:TEAS
`
`APPLICATION================::======
`
`<?xmI version = '1.0' encoding = ‘ISO-8859—1'?>
`<uspto-tm-document document-type="app" description="Base Application Form" system-creator="eteas" version="2.1"
`version-date="2003-02-27" copyright="Copyright 1999-2003 United States Patent and Trademark Office">
`<trademark-case-files>
`'
`<trademark-case-file>
`<case-file-header>
`<serial-number>78240869</serial-number>
`<mark action-code="create" version="new">
`
`<design-mark>
`<file-name image#type="pjpeg">15216318870-22220624588-CaIibronMark.jpg</file-name>
`<mark-text>Calibron</mark-text>
`
`</design-mark>
`</mark>
`
`<filing-date>20030422</filing-date>
`</case-file-header>
`
`<base-application-form>
`. <goods-sen/ices>
`<goods-service action-code="create" version="new">
`<sequence-number>1</sequence—number>
`<c|ass-code>009</class-code>
`<description-text>Scales, precision pocket-sized twin-beam gram scales.</description-text>
`<filing-basis-current-1a-in>Y</filing-basis-current-1a-in>
`<first_-use-anywhere-date>19850501</flrst-use-anywhere-date>
`<first-use-in-commerce-date>19850603</first-use-in-commerce-date>
`
`<specimen action-code="create" version="new">
`<file-name image-type="jpg">1521631886-22213026678-Packaging.jpg</file-name>
`<fiIe-name image-type="jpg">1521631886-22220355233-InstructionManual.jpg</file—name>
`<file-name image-type="jpg">1521631886-22213511968-SpecADIjpg</file-name>
`<description-text>1) Scale/Product Packaging, 2) Instruction Manual, 3) Scale/Product Specifications</description-text>
`</specimen>
`</goods-servlce>
`</goods-service_s>
`<case-fi|egowners>
`<case-file-owner action-code="create" version="new">
`<legal-entity~type-code>03</legal-entity-type-code>
`<name>Diversified Scale Company, |nc.</name>
`<street>4718 E. Cactus Road, #147</street>
`<city>Phoenix</city>
`<state>AZ</state>
`
`<postal-code>85032</postalscode>
`<country-name>USA</country-name>
`V <emaiI authorized="y">AzBusLaw@aol.com</email>
`<phone>480.443.9422</phone>
`»
`<fax>480.443.9422</fax>
`
`

`
`<incorporated-in-state—code>Arizona</incorporated-in-state-code>
`</case-file-owner>
`</case-file-owners>
`
`<signatures>
`<signature action-code="create" version="new">
`<signature-type>D</signature-type>
`<signature-entry-number>1</signature-entry-number>
`<signature-name>/Donald W. Hudspeth/</signature-name>
`<signatory-date>20030422</signatory-date>
`<signatory-name>Dona|d W. Hudspeth</signatory-name>
`<signatory-position>Principa| Attorney</signatory—position>
`</signature>
`</signatures>
`<fee-types>
`<fee-type action-code="create" version="new">
`<fee-code>7001</fee-code>
`<number-of-classes>1</number-of-c|asses>
`
`<number-of-classes-paid>1</number-of-classes-paid>
`<subtotal-amount>335</subtotal-amount>
`
`</fee-type>
`<total-amount>335</total-amount>
`
`</fee-types>
`<payment>
`<ram-sale-number>5_16</ram-sale-number>
`<ram-accounting-date>20030423</ram-accounting-date>
`</payment>
`V
`</base-application-form>
`<correspondence-form>
`<source-form>APP</source-forrn>
`
`<correspondences>
`<correspondence action-code="create" version="'new">
`<type-code>a</type-code>
`<new-address>
`
`<name>Dona|d W. Hudspeth</name>
`<firm-name>Law Offlces of Donald W. Hudspeth, P.C.</firrn-name>
`<street>3030 N. Central Avenue
`Suite 604</street>
`
`<city>Phoenix</city>
`<state>AZ</state>
`
`<postaI-code>85012-2713</postal-code>
`<country-name>USA</country-name>
`<phone>602.265.7997</phone>
`-
`<fax>602.265.6099</fax> '
`<email authorized="y">AzBusLaw@aol.com</emai|>
`<attorney-docket-number>012198</attorney-docket-number>
`</new-address>
`‘
`
`</correspondence>
`<correspondence action-code="create" version="new">
`<type-code>c</type-code>
`<new-address>
`
`<name>Donald W. Hudspeth</name>
`<firm-name>Law Offices of Donald W. Hudspeth, P.C.</firrn-name>
`<street>303O N. Central Avenue
`Suite 604</street>
`
`<city>Phoenix</city>
`<state>AZ</state>
`
`<postaI-code>85012-2713</postal-code>
`<country-name>USA</country-name>
`<phone>602.265.7997</phone>
`<fax>602.265.6099</fax>
`<emai| authorized="y">AzBusLaw@aol.com</emai|>
`</new-address>
`
`

`
`</correspondence>
`</correspondences>
`</correspondence-form>
`</trademark-case-fiIe>
`</trademark-case-fi|es>
`
`<fiHng>
`<filing-identifier>20030422223111150485-78240869</filing-identifier>
`<xml-create-date>20030422 22206213</xml-create-date>
`
`. <submit-date>Tue Apr 22 22:31:11 EDT 2003</submit-date>
`<teas-stamp>USPTO/BAS-15216318870-20030422223111150485-78240869-200a9834ebb661218b52561798338d—CC-
`516-20030422220613704087</teas-stamp>
`<filinggdescription>Trademark/Sen/ice Mark Application, Principal Register, with Declaration</filing-description>
`<reply-email>AzBusLaw@ao|.com</reply-email>
`'
`</filing>
`</uspto-tm-document>
`
`TEAS support team
`Tue Apr 22 22:31:11 EDT 2003
` ____
`
`STAMP: USPTO/BAS-15216318870-20030422223111 150485-78240869-200a9834ebb661218b52561798338d-CC-516-
`20030422220613704087
`
`<>
`
`----------------------- Headers --------——------—------—------
`
`Return-Path: <PrinTEAS@uspto.gov>
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`Tue, 22 Apr 2003 22:31:09 -0400 (EDT)
`From: Pn'nTEAS@uspto.gov
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`Tue, 22 Apr 2003 22:31:09 -0400 (EDT)
`'
`Date: Tue, 22 Apr 2003 22:31:09 -0400 (EDT)
`Message-ld: <200304230231.h3N2V9g13558@teas1.uspto.gov>
`To: AzBusLaw@aol.com
`'
`Cc: teas@uspto.gov
`X-Mailer: Trademark Electronic Application System (TEAS) VWV\N Mail Gateway
`Subject: Received your Trademark Application
`
`

`
`EXHIBIT 3
`
`

`
`_ Latest Status Info
`
`page 1 Ofz
`
`Thank you for your request. Here are the latest results from the TARR web server.
`This page was generated by"th'e TARR system on 2003-04-21 15:29:58 ET
`
`Serial Number: 73586453
`
`Registration Number: (NOT AVAILABLE)
`
`Mark (words only): CALIBRON
`
`Current Status: Abandoned: Applicant's express request.
`
`Date of Status: 1986-09-09
`
`Filing Date: 1986-03-06
`
`Registration Date: (DATE NOT AVAILABLE)
`
`Law Office Assigned: TMEO Law Office # 6
`
`If you are the applicant or applicant's attorney and have questions about this file, please contact
`the Trademark Assistance Center at TrademarkAssistanceCenter@__ uspto.gov
`
`Current Location: 900 —Warehouse (Newington)
`
`Date In Location: 1987-02-03
`
`
`................... .
`
`.SNKNvsNV‘.'\‘\\'\an5K1KN'.Kx'.1.‘.xx55R\\N-\.5.NS.Nxvsx'r.\'.\'n\'\\\Nv.xI.\\\\sxvvs
`\-.~.1.\-\\\~.'\\'\-\.\-A-i.\\\\\\'.'s-V.-.\\N-.-\\\-.\\-vs.-9.1-\-.-.~.\\\\\\\\\\\\\\'\A'\.\vs\\.\\'\\v\'u.1.~.~A\\'\\'n-J\-\.\-i.'\.'\\-.'\'\'\-vi.-.~.-.\\~.<.M.'\x\-s-».\.\-.~.'\'\AAv\.
`
`xx-\.-I.\‘\A\\~.'.vs.\\\-\\\\\vi.-.1.‘-.\\\'\.s\-L-.\.\M.s\\x\\~NI.-.'sxvvsxx -\\\-vsxsv. -A
`
`Address:
`
`KISSICK, LLOYD P.
`P. 0. BOX 26604
`
`TEMPE, AZ 85282
`United States
`Country of Citizenship: United States
`Legal Entity Type: Individual
`
`n~\vvv~V\sv\-v\~v\V\vvV\~v\~\vvvvvvuvvv\vv\\~\~n\-uxsvwvvvu-\\\\
`
`
`
`wnsvhwmwwwvwmswnnwvwww\\uwww\wV\~v\~wwvw~vvw-ww~n-wv\NVwwww~\vwvwvwwwvh«~\v\wnvs-vvvsvvxxvvssss-u\~vv~\vvv\~sss-wsvvvssvw-»vvv\~\vx~\vv\~u\-swvvvs
`
`'»V1.\\\'.'.5'\-W1-i.\5\M.s'\\\\-.'\*.~.u.-Ins.-\s'\'¢w\\°.\\s-aw.-A-.M.~.v~\-usass-x-.~.~.x\\-.-H-~.'\ «m-.-u. van.
`vs-us
`sww.-.as».-.-\.-s-.x-.-ms-s-us-s-.s\\~.-.-w.-.-.wma.-.-Mas-is-v-.-nu-.x-.~.n-s~;sss~.-is-x-x-.-s-s-.~.~.«ss-s
`-.-mu-.
`
`PULVERIZERS
`
`International Class: 007
`First Use Date: 1986-02-03
`First Use in Commerce Date: 1986-02-03
`
`Basis: 1(a)
`
`PRECISION BALA'.NC'ES
`
`

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`l TESS - Document Display
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`Page 1 of1
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`
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`TESS was last updated on Sat Apr 19 04:14:24 EDT 2003
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`to record:
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` Record 8 out of 10
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`------------------------------------------------------.~
`
`
`
`A RR (;0I1.miIrI.s current sttitm, correspmwdence mldress mu} amyrney ()frec0r(l_fior this
`mark. Use the "Basic" button. qf the Internet Browser to return to TE.823)
`
`Typed Drawing
`
`Word Mark
`Goods and
`Services
`
`CALIBRON
`(ABANDONED) IC 009. US 026. G & S: PRECISION BALANCES. FIRST USE:
`19850603. FIRST USE IN COMMERCE: 19850603
`
`(ABANDONED) IC 007. US 021. G & S: PULVERIZERS. FIRST