UNITED STATE’ DEPARTMENT OF COMMERCE
`Patent and Tr;
`.nark Office
`ASSISTANT COMMISSIONER FOR TRADEMARKS
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Apr 25, @001
`
`NOTICE OF PUBLICATION UNDER 12(a)
`
`1. Serial No.:
`76/086,467
`
`2. Mark:
`DIABLO
`
`3. International Class(es):
`7
`
`4. Publication Date:
`May 8, 2001
`
`5. Applicant:
`FREUD TMIVI.
`
`INC.
`
`The mark of the application identified appears to be entitled to registration. The
`mark will,
`in accordance with Section 12(a) of the Trademark Act of 1946, as
`amended, be published in the Official Gazette on the date indicated above for the
`purpose of opposition by any person who believes he will be damaged by the
`registration of the mark.
`if no opposition is filed within the time specified by
`Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules,
`the Commissioner of Patents and Trademarks may issue a certificate of
`registration.
`
`Copies of the trademark portion of the Official Gazette containing the publication
`of the mark may be obtained at $3800
`each for domestic orders, or at $4750
`each for foreign orders from:
`
`The Superintendent of Documents
`U.S. Government Printing Office
`PO Box 371954
`
`Pittsburgh, PA 15250-7954
`Phone: (202)512-1800
`
`By direction of the Commissioner.
`
`PCFDLR (REV ‘I2/97)
`
`

`
`FRANCIS M. PINCKNEY
`KENNEDY COVINGTON LOBDELL ET'AL
`BANK OF AMERICA CORPORATE CENTER
`100 NORTH TRYON STREET, SUITE 4200
`CHARLOTTE, NORTH CAROLINA 28202-4006
`
`

`
`TRADEMARK EXAMINATION WORKSHEET
`
`Cl NO CHANGE
`L.O.
`
`Date
`
`g/PUBLICATION/REGISTRATION STAGE
`Serial No.
`2
`
`INSTRUCTIONS: Place a check mark in the appropriate column and/or box to indicate which data elements have been amended/coded.
`
`Leal Instrument Examiner LIE
`
`' C
`
`lass Data - U Prime/International Class
`E First Use Date
`
`.
`
`Cl Goods and Services
`Cl First Use in Commerce Date
`
`Mark Data
`
`Misc. Mark Data
`
`Section 2(f)
`
`Foreign Reg. Data
`
`Owner Data
`
`Arnd/Corr Restr.
`
`Prior U.S. Reg.
`
`Correspondence
`
`D In Another Form
`El
`lb
`
`El 5E3
`
`C] Mark_Drawing Code
`El Scan Sub Drawing
`
`[3 Mark Description
`Cl Lining/Stippling
`
`Cl Translation
`
`_
`
`El Certification
`
`CI Pseudo Mark
`
`Cl Design Search Code
`
`Cl Disclaimer
`‘CI Name/Portrait/Consent
`
`D Section 2(t) Entire Mark
`Cl Section 2(t) Limitation Statement
`
`CI Section 2(t) in Part
`
`Cl Amended Register
`
`Cl Amended Register Date
`
`El Foreign Country
`U Foreign Application Number
`Cl Foreign Registration Number
`
`Cl 44(d)
`Cl Foreign Application Filing Date
`Cl Foreign Registration Date
`
`Cl Foreign Registration Expiration Date
`
`Cl Foreign Renewal Reg. Number
`
`El Foreign Reg. Renewal Expiration Date
`Owner Name
`
`Cl Foreign Renewal Reg. Date
`Cl DBA/AKA/FA
`
`Address 1
`
`'
`
`“Zip Code -
`
`Citizenship
`
`[3 Address 2
`
`Cl State
`
`Entity Statement
`
`[Cl Composed of
`
`‘
`
`. 5 Assignment(s)/Name Change
`
`C] Concurrent Use
`
`Cl Prior Registration
`
`Cl Attorney
`Cl Attorney Docket Number
`
`I
`
`El Correspondence Firm Name/Address
`
`Cl Domestic Representative
`
`‘
`
`Icertifythatallcorrectionshavebeenenteredinaccor thtexteditingguidelines.
`
`LIE
`
`3 _’ Z0 0 /
`
`DATE
`
`Other:
`
`

`
`TRADEMARK ASSIGNMENT QUERY AS OF 3/20/2001 5:26:16
`REEL/FRAME DATA
`
`2203
`REEL:
`FRAME: 0167
`
`-
`
`NUMBER OF PAGES: 004
`
`ELECTRONIC SUBMISSION:N
`PTAS SUBMISSION:
`Y
`
`03/08/2001
`
`DATE LAST UPDATED:
`DATE IN SYSTEM:
`DATE KEYED IN:
`12/11/2000
`RECORDATION DATE:
`03/08/2001
`DATE MAILED:
`ASSIGNMENT RECEIPT DATE:12/28/2000
`CONVEY EFFECTIVE DATE:
`
`CORRESPONDENCE
`NAME:
`KENNEDY COVINGTON LOBDELL 8: HICKMAN
`FRANCIS M. PINCKNEY
`4200 BANK OF AMERICA CORPORATE CENTER
`100 N. TRYON STREET
`CHARLOTTE, NC 28202
`
`BRIEF CODE: 22
`BRIEF TEXT: ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL
`
`CONVEYING PARTY DATA
`
`001
`FREUD USA, INC.
`
`ENTRY:
`NAME:
`FORMERLY:
`ENTITY:
`ENTITY TEXT:
`NC - NORTH CAROLINA
`CITIZENSHIP:
`EXECUTION DATE: 11/21/2000
`
`03 — CORPORATION
`
`RECEIVING PARTY DATA
`
`600
`FREUD TMM, INC.
`
`ENTRY:
`NAME:
`COMPOSED OF:
`DBAIAKA/TA:
`ADDRESS:
`
`P.O. BOX 7187
`HIGH POINT
`STEICTRY CODE: NC - NORTH CAROLINA
`ZIP CODE:
`27264
`ENTITY:
`O3 - CORPORATION
`ENTITY TEXT:
`CITIZENSHIP:
`
`NC - NORTH CAROLINA
`
`DOMESTIC REPRESENTATIVE DATA
`
`PROPERTY DATA
`
`SERIAL NUMBER: 76086467
`REGISTRATION NUMBER:0000000
`WORD MARK: DIABLO
`MARK DESCRIPTION: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`LOCATION: M5D - TMO LAW OFFICE 114 - DOCKET CLERK
`LOCATION DATE:
`02/13/01
`
`FILING DATE:
`ISSUE DATE:
`
`07/11/2000
`00/00/0000
`
`PAGE 1 of 2
`
`

`
`EXAMINER: STINE, DAVID H
`
`END OF DATA
`
`NOTE: Assignments prior to 01/01/1955 are not contained in this data base.
`
`

`
`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, lnc., is a corporation organized and existing under the laws of the
`
`State of North Carolina, located and doing business at 218 Feld Avenue; Post Offlce 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 U.S.C. 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 US. 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.
`
` Theword"DIABLO"inSpanishtranslatestotheEnglishword"devilg
`
`l805697.0l
`
`l823084.0l
`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 & 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
`
`l823084.01
`
`

`
`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
`
`s:::;:§=::aA9:,’
`A
`DATE OF DEPOSW 4 ILING LABEL NO.
`POSTAL ssamg .,E),DQEES!NG I _
`§§§VICE UNDER—37 cEd'1.1§) ii‘
`'
`;.-RESSED TO THF
`‘
`i‘
`2900 CRYSTAL oR:'~,7* \
`SIGNATURE
`
`L
`
`MICHAEL PEARSON
`
`182308491
`
`

`
`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 CFR 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
`F
`
`SIGNATURE “l’h»—«»I/$9
`
`

`
`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.
`
`EL5l37'-l3l::E5US
`
`$9‘
`
`Respectfully,
`
`FMP/mp
`Enclosures
`
`CERTIFICATE OF MAl
`
`“Express Mail” Mailing abelNo EL518743625US
`Date of Deposit:
`Jul
`11 2000
`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 ‘rm
`
`

`
`TRADEMARK APPLICATION sfsam N: 76086467 _
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`07/M/2000 GTlIH3S2 00000143 76086467
`
`01 FC.'.36l
`
`325.00 ll’
`
`

`
`FREUD USA, INC.
`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||||ll||||ll|||||||||||l|||||l|||||||l
`
`O7-1 1-2000
`U.S. Flhntln TMOfeITM Mall HOD! D1. #11
`
`DIABLO
`
`PUBUSHED
`
`05/08/01
`
`TRADEMARK
`IIlllllIllllllllllllllIllllllllllllllllllllllllll
`
`76086467
`
`

`
`User: dstine
`
`***
`
`Live Status/
`Live
`Dead
`Total
`Marks Marks Viewed Viewed Search
`Docs
`Images Duration
`
`A
`
`01
`
`O2
`
`03
`
`O4
`
`O5
`
`O6
`
`07
`
`O8
`
`103
`
`582
`
`86557
`
`2523
`
`2040
`
`5529
`
`95075
`
`35
`
`57
`
`O
`
`O
`
`21
`
`57
`
`0
`
`0
`
`21
`
`0:01 *diablo*[bi,ti]
`
`0:01
`
`*devil*[bi]
`
`:01
`
`"OO7"[ic]
`
`:02
`
`"a"[ic]
`
`:01
`
`"b"[ic]
`
`:02
`
`"200"[io]
`
`:
`
`:
`
`3 or 4 or 5 or 6
`
`2 and 7
`
`Session started 1/3/O1 10:14:27 AM
`Session finished 1/3/01 10:18:39 AM
`Total search duration 0:10 minutes
`Session Duration 4:12 minutes
`
`Default NEAR limit: 1 ADJ 1imit= 1

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