`218 Feld Avenue
`Post Office Box 7187
`
`High Point, North Carolina 27264
`
`Date of First Use:
`
`At least as early as December 31, 1996
`
`For:
`
`Circular saw blades for power tools in International Class 7.
`
`|||||l|llllll||||||||||||||||||l||||||||||||||||||
`
`07-11-2000
`us. menu TMOfcITM MIII Rent 01. '11
`
`DIABLO
`
`TRADEMARK
`Hlllllllllllllllllllllllllllllllllllllllllll
`
`76086467
`
`
`
`TRADEMARK APPLICATION SERIAL N( 75086467 _
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`07/14/2000 GTHOMS2 00000143 76086467
`
`01 FC:361
`
`325.00 DP
`
`
`
`KENNEDY COVINGTON LOBDELL 8: HICKMAN, L.L.P.
`ATTORNEYS AT LAW
`
`Bank of America Corporate Center
`Suite 4200
`100 North Tryon Street
`Charlotte, North Carolina 28202-4006
`Telephone 704/331-7400
`Facsimile 704/331-7598
`
`Other Offices:
`Raleigh, North Carolina
`Rock Hill, South Carolina
`
`July 11, 2000
`
`BOX NEW APP FEE
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Sir:
`
`Enclosed is an application of Freud, USA, Inc. for registration of the mark DIABLO.
`This application consists of the following:
`
`Application and Power of Attorney, duly executed by Sebastian Ruggerio,
`President of Freud, USA, Inc..
`
`One drawing sheet.
`
`One specimen of the mark (per class) as used in commerce.
`
`Check in the amount of $325.00 for the filing fee.
`
`Acknowledgement of receipt postcard.
`
`The Assistant Commissioner is hereby authorized to charge payment of any additional
`fees associated with this communication or credit any overpayment to Deposit Account No. 18-
`1215.
`
`EL5].Et?'-l3l:E!5US
`
`Respectfully,
`
`Jack I
`
`%"
`
`FMP/mp
`Enclosures
`
`CERTIFICATE OF MAI
`
`0 EL518743625US
`“Express Mail" Mailing
`11 2000
`Date of Deposit:
`I hereby certify that thier or fee is being deposited with the United States Postal Service
`“Express. Mail Post Office to Addressee" service under 37 CFR 1.10 on the date indicated above and
`is addressed to the Assistant Commissioner of Trademarks, 2900 Crystal Drive; Arlington, VA
`22202-3513
`
`Typed Name:
`
`Michael Pearsonsignaturez
`
`‘(ViM
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE EXAMINER OF TRADEMARKS
`
`Mark:
`
`DIABLO
`
`Classes:
`
`International 07
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Applicant, Freud, USA, Inc., is a corporation organized and existing under the laws of the
`
`State of North Carolina, located and doing business at 218 Feld Avenue; Post Office Box 7187,
`
`High Point, North Carolina 27264.
`
`Applicant
`
`requests
`
`registration of the above-identified trademark shown in the
`
`accompanying drawing in the United States Patent and Trademark Office on the Principal
`
`Register established by the Act of July 5, 1946 (15 USC. 1051 et. seq., as amended.) for:
`
`circular saw blades for power tools in International Class 07.
`
`Applicant is using the mark in commerce on or in connection with the above-identified
`
`goods. (15 U.S.C. 1051(a), as amended.)
`
`A specimen showing the mark as used in commerce is submitted with this application.
`
`The mark was first used anywhere at least as early as December 31, 1996, and was first
`
`used in commerce which the U.S. Congress may regulate at least as early as December 31, 1996.
`
`The type of commerce is interstate commerce.
`
`The mark is used on the goods and on product labels and on packaging for the goods.
`
`The word "DIABLO“ in Spanish translates to the English word "devil".
`
`|8D5697.0l
`
`|823084.0|
`LIB:CH
`
`
`
`POWER OF ATTORNEY
`
`Applicant hereby appoints Dalbert U. Shefte (Registration No. 18,174), Francis M.
`
`Pinckney (Registration No. 21,138), Karl S. Sawyer, Jr. (Registration No. 28,902), Chad D.
`
`Tillman (Registration No. 38,634), Nancy Talavera Wood (Registration No. 38,344), Susan S.
`
`Jackson (Registration No. 41,302), Michael A. Tobin (Registration No. 43,956), Jack D. Todd
`
`(Registration 44,375), and Clifford R. Jarrett, all members of the firm:
`
`Kennedy Covington Lobdell 8. Hickman, L.L.P.
`
`Bank of America Corporate Center, Suite 4200
`
`100 North Tryon Street
`
`Charlotte, North Carolina 28202-4006
`
`(Telephone 704/331-7400)
`all members of the Bar of the State of North Carolina,
`
`its attorneys with full power of
`
`substitution and revocation to prosecute this application to register, make alterations and
`
`amendments therein, to receive the certificate of registration, and to transact all business in the
`
`Patent and Trademark Office connected therewith.
`
`It
`
`is
`
`respectfully requested that all
`
`correspondence be directed to Francis M. Pinckney at the foregoing address.
`
`DECLARATION
`
`The undersigned being hereby warned that willful false statements and the like so made
`
`are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful
`
`false statements may jeopardize the validity of the application or any resulting registration,
`
`declares that the undersigned is properly authorized to execute this application on behalf of the
`
`applicant; the undersigned believes the applicant to be the owner of the service mark sought to be
`
`registered;
`
`to the best of the undersigned’s knowledge and belief, no other person,
`
`firm,
`
`corporation, or association has the right to use the above-identified mark in commerce, either in
`
`
`
`the identical form thereof or in such near resemblance thereto as to be likely, when used on or in
`
`connection with the services of such other person, to cause confusion, or to cause mistake, or to
`
`deceive; and that all statements made of the undersigned’s own knowledge are true and all
`
`statements made on information and belief are believed to be true.
`
`Sebastian Ruggerio
`President
`
`CERTIFICATE op t
`“EXPRESS MM” MAILING:
`H/\lLll‘
`DATE or 05903171
`JG LABEL NO. ifl
`L
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`POSTAL
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`SHSNATURE
`
`MICHAEL P;'AR~.p.N
`
`18230840]
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT:
`
`Freud, USA, Inc.
`
`DIABLO
`
`July 11, 2000
`
`Please address all correspondence in this application to:
`
`Francis M. Pinckney, Esq.
`KENNEDY COVINGTON LOBDELL & HICKMAN, L.L.P.
`
`Bank of America Corporate Center
`Suite 4200
`
`100 North Tryon Street
`Charlotte, NC 28202-4006
`(704) 331-7400
`
`CERFITICATE OF MAILING;
`EXPRESS MAIL MAILING LABEL NO. ELEL518743625USUS
`DATE OF DEPOSIT:
`July 11 2000
`I hereby certify that this paper or fee is being deposited with the United
`States Postal Service “Express Mail Post Office To Addressee" service
`under 37 CFFI 1.10 on the date indicated above and is addressed to the
`Assistant Commissioner For Trademarks, 2900 Crystal Drive, Arlington,
`VA 22202-3513
`
`TYPED NAME:
`
`Michael Pearson
`
`SIGNATURE #VH
`
`1