PTO- 1563
Approved for use through 10/31/2021. OMB 0651-0055
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER5031969
REGISTRATION DATE08/30/2016
SERIAL NUMBER86908101
MARK SECTION
MARK BLACK DIAMOND (stylized and/or with design, see mark)
ATTORNEY INFORMATION (current)
NAMEChip Hamm
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMEKaplan Johnson Abate & Bird LLP
STREET710 West Main Street
CITYLouisville
STATEKentucky
POSTAL CODE40202
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE5024161635
EMAILtrademarks@bdpest.com
ATTORNEY INFORMATION (proposed)
NAMEChip Hamm
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMEKaplan Johnson Abate & Bird LLP
STREET710 West Main Street
CITYLouisville
STATEKentucky
POSTAL CODE40202
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE5024161635
EMAILtrademarks@bdpest.com
CORRESPONDENCE INFORMATION (current)
NAMEChip Hamm
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarks@bdpest.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
CORRESPONDENCE INFORMATION (proposed)
NAMEChip Hamm
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarks@bdpest.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)r1@bdpest.com
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 037
GOODS OR SERVICES Construction, maintenance and renovation of property; Housing services, namely, development of real property, namely, repair, improvement, and new construction; Housing services, namely, repair, improvement, and construction of residential real property; Real estate property cleaning, repair and maintenance services; Refurbishing of damaged residential and commercial real property and furnishings; Restoration services in the field of water, smoke and fire damage
SPECIMEN FILE NAME(S)\\TICRS\EXPORT18\IMAGEOUT 18\869\081\86908101\xml3 \ S080002.JPG
       \\TICRS\EXPORT18\IMAGEOUT 18\869\081\86908101\xml3 \ S080003.JPG
SPECIMEN DESCRIPTIONBlack Diamond Kitchen Magnet and Black Diamond Cup for Customers.
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
INTERNATIONAL CLASS 040
GOODS OR SERVICES Environmental remediation services, namely, treatment of waste, soil, and water; Mold remediation services
SPECIMEN FILE NAME(S)\\TICRS\EXPORT18\IMAGEOUT 18\869\081\86908101\xml3 \ S080004.JPG
SPECIMEN DESCRIPTIONMold Brochure for Sales and Customers
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
INTERNATIONAL CLASS 044
GOODS OR SERVICES Landscape design; Lawn care; Lawn mowing services; Weed control; Horticultural processes and turf or lawn care services, namely, providing preparation and development of turfgrass and/or soil for providing an environment that encourages improved growth attributes; Horticultural services, namely, soil conditioning, improvement and maintenance for indoor and outdoor arenas and demonstration areas
SPECIMEN FILE NAME(S)\\TICRS\EXPORT18\IMAGEOUT 18\869\081\86908101\xml3 \ S080005.JPG
SPECIMEN DESCRIPTIONTurf Brochure for Sales and Customers
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
OWNER SECTION (current)
NAME Black Diamond Termite & Pest Control, Inc.
MAILING ADDRESS 4911 Hamburg Pike
CITY Jeffersonville
STATE Indiana
ZIP/POSTAL CODE 47130
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 812-944-0453
EMAIL XXXX
OWNER SECTION (proposed)
NAME Black Diamond Termite & Pest Control, Inc.
MAILING ADDRESS 4911 Hamburg Pike
CITY Jeffersonville
STATE Indiana
ZIP/POSTAL CODE 47130
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 812-944-0453
EMAIL XXXX
LEGAL ENTITY SECTION (current)
TYPEcorporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Indiana
PAYMENT SECTION
NUMBER OF CLASSES 3
NUMBER OF CLASSES PAID 3
FILING § 8 AFFIDAVIT PER CLASS 675
TOTAL FEE PAID 675
SIGNATURE SECTION
SIGNATURE /SONYA KAUCHAK/
SIGNATORY'S NAME SONYA KAUCHAK
SIGNATORY'S POSITION CEO Assistant
DATE SIGNED 09/07/2021
SIGNATORY'S PHONE NUMBER 8129440453
SIGNATURE METHOD Signed directly within the form
PAYMENT METHODCC
FILING INFORMATION
SUBMIT DATE Tue Sep 07 15:45:01 ET 2021
TEAS STAMP USPTO/SECT08-XX.XXX.XXX.X
X-20210907154501252812-50
31969-78183819b75ed39e2ca
f3e3f10bff43be7bad66a3b94
7735ed4ede1b19d4ffb29-CC-
44584602-2021090715044969
8163


PTO- 1563
Approved for use through 10/31/2021. OMB 0651-0055
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number


Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 5031969
REGISTRATION DATE: 08/30/2016

MARK: (Stylized and/or with Design, BLACK DIAMOND (see, mark))

Current: The owner, Black Diamond Termite & Pest Control, Inc., a corporation of Indiana, having an address of
      4911 Hamburg Pike
      Jeffersonville, Indiana 47130
      United States
      XXXX
      812-944-0453

Proposed: The owner, Black Diamond Termite & Pest Control, Inc., a corporation of Indiana, having an address of
      4911 Hamburg Pike
      Jeffersonville, Indiana 47130
      United States
      812-944-0453
      XXXX
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 037, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Construction, maintenance and renovation of property; Housing services, namely, development of real property, namely, repair, improvement, and new construction; Housing services, namely, repair, improvement, and construction of residential real property; Real estate property cleaning, repair and maintenance services; Refurbishing of damaged residential and commercial real property and furnishings; Restoration services in the field of water, smoke and fire damage ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Black Diamond Kitchen Magnet and Black Diamond Cup for Customers..
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 040, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Environmental remediation services, namely, treatment of waste, soil, and water; Mold remediation services ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Mold Brochure for Sales and Customers.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
For International Class 044, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Landscape design; Lawn care; Lawn mowing services; Weed control; Horticultural processes and turf or lawn care services, namely, providing preparation and development of turfgrass and/or soil for providing an environment that encourages improved growth attributes; Horticultural services, namely, soil conditioning, improvement and maintenance for indoor and outdoor arenas and demonstration areas ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Turf Brochure for Sales and Customers.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided
The owner's/holder's current attorney information: Chip Hamm. Chip Hamm of Kaplan Johnson Abate & Bird LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      710 West Main Street
      Louisville, Kentucky 40202
      United States

The phone number is 5024161635.

The email address is trademarks@bdpest.com

The owner's/holder's proposed attorney information: Chip Hamm. Chip Hamm of Kaplan Johnson Abate & Bird LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      710 West Main Street
      Louisville, Kentucky 40202
      United States

The phone number is 5024161635.

The email address is trademarks@bdpest.com

Chip Hamm submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

Correspondence Information (current):
      Chip Hamm
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bdpest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      Chip Hamm
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@bdpest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): r1@bdpest.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $675 will be submitted with the form, representing payment for 3 class(es), plus any additional grace period fee, if necessary.


Declaration

Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /SONYA KAUCHAK/    Date: 09/07/2021
Signatory's Name: SONYA KAUCHAK
Signatory's Position: CEO Assistant
Signatory's Phone: 8129440453
Signature method: Signed directly within the form


Mailing Address (current):
   Kaplan Johnson Abate & Bird LLP
   710 West Main Street
   Louisville, Kentucky 40202

Mailing Address (proposed):
   Kaplan Johnson Abate & Bird LLP
   710 West Main Street
   Louisville, Kentucky 40202

Serial Number: 86908101
Internet Transmission Date: Tue Sep 07 15:45:01 ET 2021
TEAS Stamp: USPTO/SECT08-XX.XXX.XXX.XX-2021090715450
1252812-5031969-78183819b75ed39e2caf3e3f
10bff43be7bad66a3b947735ed4ede1b19d4ffb2
9-CC-44584602-20210907150449698163