PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77053451
Filing Date: 11/29/2006

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER77053451
MARK INFORMATION
*MARK\\TICRS\EXPORT\IMAGEOUT\7 70\534\77053451\xml1\APP0 002.JPG
SPECIAL FORM YES
USPTO-GENERATED IMAGE NO
LITERAL ELEMENTMr. Waterheater Keeping water HOT!
COLOR MARK NO
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of a human-like figure formed by a vertical cylinder having two eyes, a nose and mouth located in the center of the top half of the vertical cylinder, two folded arms located on the left and right side of the top half of the vertical cylinder, and two feet located on the bottom end of the vertical cylinder. The literal element "Mr. Waterheater" is located to the left of the human-like figure and situated below the folded arms and above the feet. The literal element "Keeping water HOT!" is situated below the literal element "Mr. Waterheater".
PIXEL COUNT ACCEPTABLE YES
PIXEL COUNT504 x 402
APPLICANT INFORMATION
*OWNER OF MARKMr. Waterheater Enterprises, Inc.
*STREET1067 Third Street
*CITYNorth Versailles
*STATE
(Required for U.S. applicants)		Pennsylvania
*COUNTRYUnited States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)		15137
EMAIL ADDRESSXXXX
LEGAL ENTITY INFORMATION
*TYPECORPORATION
*STATE/COUNTRY OF INCORPORATION Pennsylvania
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS011
DESCRIPTIONservices provided in connection with gas and electrical waterheaters for residential and commercial use, namely distribution, installation and repair
FILING BASISSECTION 1(a)
        FIRST USE ANYWHERE DATEAt least as early as 02/01/2001
        FIRST USE IN COMMERCE DATEAt least as early as 02/01/2001
        SPECIMEN
        FILE NAME(S)		\\TICRS\EXPORT\IMAGEOUT\7 70\534\77053451\xml1\APP0 003.JPG
       \\TICRS\EXPORT\IMAGEOUT\7 70\534\77053451\xml1\APP0 004.JPG
       SPECIMEN DESCRIPTIONAdvertising materials, namely signage
ADDITIONAL STATEMENTS SECTION
DISCLAIMERNo claim is made to the exclusive right to use waterheater apart from the mark as shown.
ATTORNEY INFORMATION
NAME Gerald A. Cook
FIRM NAME Fox Rothschild LLP
STREET 625 Liberty Avenue
INTERNAL ADDRESS 29th Floor
CITY Pittsburgh
STATE Pennsylvania
COUNTRY United States
ZIP/POSTAL CODE 15222
PHONE (412) 391-6428
FAX (412) 391-1334
EMAIL ADDRESS gcook@foxrothschild.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Christopher F. Arnold
CORRESPONDENCE INFORMATION
NAME Gerald A. Cook
FIRM NAMEFox Rothschild LLP
STREET625 Liberty Avenue
INTERNAL ADDRESS 29th Floor
CITY Pittsburgh
STATEPennsylvania
COUNTRY United States
ZIP/POSTAL CODE15222
PHONE (412) 391-6428
FAX (412) 391-1334
EMAIL ADDRESS gcook@foxrothschild.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES1
FEE PER CLASS325
TOTAL FEE DUE325
SIGNATURE INFORMATION
SIGNATURE /scott sembower/
SIGNATORY'S NAME Scott Sembower
SIGNATORY'S POSITION President
DATE SIGNED 11/29/2006
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 29 18:55:54 EST 2006
TEAS STAMP USPTO/BAS-XX.XXX.XX.XX-20
061129185554203857-770534
51-3507d57129d197d4a241c4
6c3e156545ff-DA-909-20061
129183931135332


PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 09/30/2008)


Trademark/Service Mark Application, Principal Register

Serial Number: 77053451
Filing Date: 11/29/2006

To the Commissioner for Trademarks:

MARK: Mr. Waterheater Keeping water HOT! (stylized and/or with design, see mark)

The literal element of the mark consists of Mr. Waterheater Keeping water HOT!. The mark consists of a human-like figure formed by a vertical cylinder having two eyes, a nose and mouth located in the center of the top half of the vertical cylinder, two folded arms located on the left and right side of the top half of the vertical cylinder, and two feet located on the bottom end of the vertical cylinder. The literal element "Mr. Waterheater" is located to the left of the human-like figure and situated below the folded arms and above the feet. The literal element "Keeping water HOT!" is situated below the literal element "Mr. Waterheater".
The applicant, Mr. Waterheater Enterprises, Inc., a corporation of Pennsylvania, having an address of 1067 Third Street, North Versailles, Pennsylvania, United States, 15137, 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.

       International Class 011:  services provided in connection with gas and electrical waterheaters for residential and commercial use, namely distribution, installation and repair

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the 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.

In International Class 011, the mark was first used at least as early as 02/01/2001, and first used in commerce at least as early as 02/01/2001, and is now in use in such commerce. The applicant is 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) Advertising materials, namely signage.
Specimen File1
Specimen File2
No claim is made to the exclusive right to use waterheater apart from the mark as shown.

The applicant hereby appoints Gerald A. Cook and Christopher F. Arnold of Fox Rothschild LLP, 29th Floor, 625 Liberty Avenue, Pittsburgh, Pennsylvania, United States, 15222 to submit this application on behalf of the applicant.

Correspondence Information: Gerald A. Cook
29th Floor
625 Liberty Avenue
Pittsburgh, Pennsylvania 15222
(412) 391-6428(phone)
(412) 391-1334(fax)
gcook@foxrothschild.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

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. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the 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 goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /scott sembower/   Date Signed: 11/29/2006
Signatory's Name: Scott Sembower
Signatory's Position: President



RAM Sale Number: 909
RAM Accounting Date: 11/30/2006

Serial Number: 77053451
Internet Transmission Date: Wed Nov 29 18:55:54 EST 2006
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20061129185554203
857-77053451-3507d57129d197d4a241c46c3e1
56545ff-DA-909-20061129183931135332