Document mOQ3ZpbYVpV9kE21j010XjnB

REG.T?e*.7ec ;; 664278 Registered (date) JUL 151958 MARK y'XK/ , Type of Mark * ", . A- . Class 12 Filed Complete : ^ 85.^957 Serial No. 37.767 Applicant and Poet Office - - -xrx ATLANTIC ASPHALT 4 ASBESTOS, INC., LON68W0KAVE., IATFORD, CONN* DEL. CORP. ~s ^ . &*!*-, d*zs>, L______________________ L___ Assignor to ser.no. " 37767 Examiner ix Ax-. m::,_____ I"' PRINCIPAL REGISTER Amended.................................. SUPPLEMENTAL REGISTER Goods--Services >xO Mark 'T~(^ , TRIPLE A4A DCS. 9831 J. Send Correspond^n'ce^o'^ * ; 4*8*4 ^ Application^. Verification.___________ Parts Filed Specimens_____________ Drawings,___________ , Fss^2t)^fiCtlL____ Representative Attorney Passed for Registration AU630H978 JlfNle tki ft J Associate Attorney First Use JANi 1, I953 Claims Ownership of Registration no. 4U4,233. In Commerce JAM. 2, 1953 Passed for Renewal ^#Rtf Goods--Services ASPHALT ROOF INC AND SIDING, ASBESTOS-CEMENT SIDING, ASPHALT SATURATED FELT ROOFING AND INSULATION, ASPHALT MINERAL SURFACE ROLLS, AND ASPHALT STARTER ROLLS USED IN BUILDING CONSTRUCTION AND REPAIR, Other Ddfa R.OO FJrfG *- S/Id/MG \/mafr^a4- 47Mms.fi------------------------------------ --- Renewed From /T /978 PUBLISHED IN 0. G. APR 2 9 1956 U.S. PATENT OFFICE 16--61681-6 u. a. government printing office 72037767 FILING DATE 09/25/1957 REGISTRATION # 664278 CLASS! CATION CONTENTS: . /pplication 1. .... __L.. m 7papers. ' 2."'.'jSSCs-]5 TO! ms r> 7r>r> 4. 5. 6. 8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 23 24 25. 26. 27. 28. 31. 16--51581-5 v?, ;^p- IN THE UNITED STATES PATENT AND TRADEMARK rwirrnTi' Registrant Registration No. Registration Date Mark AmeriMark Building Products, Inc. 664,278 July 15, 1958 TRIPLE A ROOFING & SIDING & Design tf'Pu Assistant Commissioner for Trademarks U.S. Patent and Trademark Office 2900 Crystal Drive Arlington, Virginia 22202-3513 SUBSTITUTE POWER OF ATTORNEY AT LAW Sir: Applicant acquired all rights, title and interest in the above registration by Assignment dated March 17, 1997. A copy of the Assignment was filed with the United States Patent and Trademark Office Assignments Branch on April 4, 1997, for recordal. Applicant hereby appoints: M. Christopher Bolen, Sarah Anne Keefe and Donna Ray Chmura Womble Carlyle Sandridge & Rice A Professional Limited Liability Company Post Office Box 831 2100 First Union Capitol Center 150 Fayetteville Street Mall Raleigh, North Carolina 27602 (919) 755-2100 to transact all business in die Patent and Trademark Office in connection with the above registration. In addition, die Applicant hereby withdraws all previous Powers of Attorney at Law on file with the Patent and Trademark Office with respect to die above-identified mark. James R. Smith. Vice President and Chief Financial Officer of Registrant, being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 101, that such willful false statements may jeopardize the validity of the registration, declares that he is properly authorized to execute this Power of Attorney on behalf of Registrant. Signed this fA day of , 1997. AMERIMARK BUILDING PRODUCTS, INC. R#0216862.01 By: James R. Smith, Vice President and Chief Financial Officer FORM PO-685 (8*22-61) U.S. DEPARTMENT OF COMMERCE PATENT OFFICE ASSIGNMENTS I fc*Tprevious assignments of record as of f 1 See Title Record for ownership information prior to this record &R%6(. <NO./*?fS' SER. NOC Filing Date Date v- Ack. Dec. 22, 1976 Z99.. 75-3- ..July--15,--1958___ 66.4*27.3. Reel Frame Registration Date Reg. No. (Trade-Mark) Date Recorded Dec. 27. 1976 Registrant v *' Atlantic Asphalt & Asbestos /Inc._______ Assignor ATLANTIC ASPHALT & ASBESTOS, INC. 355 -Longbrook Avenue, Stratford, Conn. ,a Pel, corp. Assignee ,TILO COMPANY , INC . ^347 Longbrook Avenue Stratford, Conn., a Del, corp. / Brief '*' v ? .: -^Assigns the entire interest and the good will, effective Dec. 31, 1976. Date ~ Registrant tAssignor Assignee 6611,278rW -Caly TSV19S8----------- l .as____ __________________________ *' * Reel Frame (Trade-Mark) Registjjtipn,0^ Date Recorded ^> ,, 1-?Wu No------------ AtlatttiC Asphalt & ASbSt08 IllC. TILO COMPANY, INC.------------------------ Reynolds Aluainum Building Products Company 1 Brief Certified oopy of a change of namo filed In tho Offioe^of the Secretary of State of Delaware on March 28* i960* iMiV-V' I-2M0 USCOMM-DC Z2S8.Pt United States Patent Office 664,278 Registered July IS, 1958 PRINCIPAL REGISTER Trademark Ser. No. 37,767, filed Sept 25,1957 Atlantic Asphalt & Asbestos, Inc. (Delaware coiporation) 359 Longbrook Ave. Stratford, Conn. For: ASPHALT ROOFING AND SIDING, ASBES TOS-CEMENT SIDING, ASPHALT SATURATED FELT ROOFING AND INSULATION, ASPHALT MINERAL SURFACE ROLLS, AND ASPHALT STARTER ROLLS USED IN BUILDING CONSTRUC TION AND REPAIR, in CLASS 12. First use Jan. 2, 1953; in commerce Jan. 2, 1953. Applicant disclaims the words "Roofing & Siding" apart from the mark as shown. Owner of Reg. No. 444,233. COMB. AFF. SEjj 8 & 15 JUL 9,1364  37767 applicant: ATLANTIC ASPHALT 8 ASBESTOS,INC. 359 LONGBROOK AVENUE,STRATFORD, CONN. DATES OF FIRST USE .* JANUARY 2,1953 GOODS: ASPHALT ROOFING AND SIDING AND ASBESTOS CEMENT SIDING USED IN BUILDING CONSTRUCTION AND REPAIR 664278 registered JUL 151958 A 58 FILED SEP 251957 published in 0. G. APR 29 (958 U S. PATENT OFFICE Reg. No. Class No. 66U.278 12(U.S.) To ^T^ttCguO-lMMISSIONER OP PATENTS AND TRADEMARKS: Company, Inc. ayafiSporation of the Stake-'-of*Delaware Business Address: 347 Longbrook Avenue, "Stoatford, Connecticut 06497 Situs: 347 Longbrook Avenue, Stratford, Connecticut 06497 The above-identified applicant for renewal (hereinafter referred to as "Registrant") requests that the above-identified registration, granted to Registrant's assignor on July 1$, 1958, which Registrant now owns, as shown by records in the Patent and Trademark Office, be renewed in accordance with the provisions o^Jjhe^Tradeinark Act of 191+6, as amended. The renewal fee is presented herewith. The umdeTsigned declares that: he is an officer of Registrant; he is authorized to execute this renewal application on behalf of Registrant; Registrant owns Registration No. 664,278; the mafic shown therein is in use in interstate .cgsaaefce on .each of the following goods recited in the registration: Asphalt roofing. - asbestos-cement siding, asphalt saturated felt roofing, as^ba.1 +. rn-mg-ra.1 surface. rollB. and, asphalt starter, rolls used ip ^1] $jng construction, and, repair......................... .............. the "attached specimens showing the markyfCS^"currently used. Such-Jise is by a related companyr, ^'Reeyynnoollcds Aluminum Building ^Rjflucts Company, and inures to the benefit of the applicant corporation, Tilo Company, Inc., both of which are wholly owned by Reynolds Metals Company. The same individual is both President of Reynolds Aluminum Building Products Company and Chairman of the Board of Tilo Company, Inc. Applicant corporation legitimately controls this related company in respect to the nature and quality of the goods in connection with which the mark is used. The undersigned declares further that all statements made herein of his own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code, and that such willful false statements may jeop ardize the validity of the trademark registration or this application. Registrant hereby appoints Tfohn Barry Donohue, a member of the bars of New York, the District of Columbia and Connecticut, inter alia, and Robert C. Lyne, Jr. (Reg. No. 22,736) a member of the bar of the Supreme Court of Appeals of the Commonwealth of Virginia, its attorneys with full power of substitution and revocation, to prosecute this application and to transact all business in the Patent and Trademark Office connected therewith, and requests that all copiHtffyjjations concemipg'iSie registration or this application be sent to JflfmBarry Donohue, Longbrook Avenue, Stratford, Connecticut 061+97* TILO COMPANY, INC. By -J. 2* Title [ / J. E. Barron v President Date 09/06/78 0664178 (\0 /(ML. /VO r,j > o-n August 28, 1978_______________ 1 202 25.COCK 'V T1LO COMPANY, INC. STRATFORD, CONNECTICUT a subsidiary of the Reynolds Metals Company ,,,, _ August 28, 1970 CERTIFIED WATT. RETURN RECEIPT REQUESTED Commissioner of Patents and Trademarks Washington, D. C. 20231 SUBJECT: Renewal Reg. No. 66^,278 TRIPLE A Gentlemen: Enclosed are: (1) Renewal application (2) One specimen (3) Certified check fori $30 for renewal application fee. fery truly yours, TILO COMPANY, INC. JBD:ecm Enc. 2 + Check No. 08601f> John Barry Donohue, Yice President and General Counsel P-O. Box 1877-Bridgeport,Connecticut 06601- (203)375-3331 | REGISTRATION NO. i 664,278 ISSUED JUL 15 1958 12-C PUB | RECEIPT IS HEREBY ACKNOWLEDGED OF THE AFFIDAVIT FILED 1 BYATLANTIC ASPHALT 8- ASBEST0S, INC. onjul 9 1964 SEC. 8 - AFFIDAVIT ACCEPTED BI. SEC. 15 - AFFIDAVIT FILED BY DIIRECTION OF THE CCCOMMISSIONER JUL 231964 DIRECTOR. TRADEMARK EXAMINING OPERATION FORM POL-136 A | EMERY, WHITTEMORE, SANDOE S- 2-60 GRAHAM AFFIDAVIT 60 E. 42ND ST. ACKNOWLEDGMENT- |____ NEW YORK 17 NY u. S. DEPARTMENT OF COMMERCE - PATENT OFFICE H J #9831 IN THE UNITED STATES PATENT OFFICE AFFIDAVIT UNDER SECTIONS 8 and 15 Mark: TRIPLE A Registration No. 664,278 Class No. 12 STATE OF CONNECTICUT COUNTY OF FAIRFIELD ) ) 68: ) HARRY G. MICKELSEN, President of ATLANTIC ASPHALT & ASBESTOS, INC a corporation of the State of Delaware, located and doing business at 359 Longbrook Ave., Stratford, Connecticut, being sworn, states that the said ATLANTIC ASPHALT & ASBESTOS, INC. owns Registration No. 664,278, issued July 15, 1958, as evidenced by the accompanying title report; that the mark shown therein is still in use as evidenced by the attached specimen showing the mark as currently used, and said deponent further states that the mark shown in said Certificate of Registration has been in continuous use in interstate commerce for more than five consecutive years from July 15, 1958 to the present time on the goods recited in said registration, namely Asphalt Roofing and Siding, Asbestos-cement Siding, Asphalt Saturated Felt Roofing and Insulation, Asphalt Mineral Surface Rolls, and Asphalt Starter Rolls Used in Building Construction and Repair; that said mark is still in use in interstate commerce; that there has been no final decision adverse to registrant's claim of ownership of said mark to its right to register the same or maintain it on the register, and that there is no proceeding involving any of said rights pending and not disposed of either in the Patent Office or in the courts. The undersigned as President of the aforesaid corporation hereby appoints Emery, Whittemore, Sandoe & Graham of 60 East 42nd Street, New York 17, N. Y., a firm consisting of Nichol M. Sandoe, Charles W. Neill, George J. Schottler, Thomas B. Graham and Hugo M. Wikstrom, each a member of the bar of the State of New York, to file this affidavit, with full power of substitution and revocation and to transact all business in the Patent Office in connection therewith. r&Vuts /Harry G'. President, Atlantic Asphalt & Asbestos, In Subscribed and sworn to before me 2. v.:a `Ttir.-or- z Emery, \\vin'mi;mor;.i-:. Saxdod S: Gk.uiam Lincoi.n Jii:ij.i> 1 nc. <>i> Kast -l-2" Sti;i:kt X'ct'York 1/. X. Y. July 7, 1964 TITLE REPORT $1,00 CASH APPLIED Hon . Commissioner of Patents, Washington, D. 0. Sir; - On behalf of Atlantic Asphalt R- Asbestos, Inc. we enclose, herewith combined Affidavit under Sections 8 and 15 of the Act of 1946 with respect to the following trade-mark registration owned of record by said corporation: Mark No. Date TRIPLE A 664,278 July 15, 1958 Please procure and file the necessary title report. Our check for $1. is enclosed to cover the fee for said title report. Respectfully, EMERY WHITTEMORF., SAN DOF & GRAHAM. NMS :FM Fncl. Sandoe POL-152 ADDRESS ONLY THE COMMISSIONER OF PA' ^NTS TRADEMARK EXAMINING OPERATION WASHINGTON, D.C. 20231 mm U. S. DEPARTMENT OF COMMERCE PATENT OFFICE Washington r ATLANTIC ASPHALT & ABESTOS, INC. 339 L0NGBR00K AVENUE STRATFORD, CONNECTICUT n Mailed: Reg. No.: Dated: L_ Att.: Legal Counsel _J Sec. 12 (c) pub.: Mark: Paper No. All communications respecting this registration should give the registration number and date of registration. MAY 15, 1961+ 661+,278 JULY 15, 1958 TRIPLE A ROOFING & SIDING & DES. NOTICE Notice is hereby given that the above-identified registration will be canceled by the Commissioner at the end of the sixth year following the date of registration or publication under section 12 (c), as the case may be, unless the owner files in the Patent Office the affidavit of use or excusable nonuse required by section 8 of the Trademark Act of 1946. The affidavit, which must be sworn to before a notary, should contain facts showing that the mark is still in use, such as, the annual sales volume under the mark, or other appropriate statements supported by specimen labels showing the mark as used, or if the mark is not actually being used, the affidavit should recite facts to show that the nonuse is excusable anti not due to any intention to abandon the mark. There also must be submitted SI.00 for a title report for Office use. If the affidavit has been filed, please disregard this notice. (Office copy to be signed if affidavit is not filed within sixth year.) CANCELED Date: By direction of the Commissioner. Affidavits Sectioji. Director, Trademark Examining Operation. U.S. GOVERNMENT PRINTING OFFICE ; 1964--0-718-962 POL-47 ADDRESS ONLY THE COMMISSIONER OP PATENTS TRADEMARK EXAMINING OPERATION WASHINOTON 2S. D. C. U. S. DEPARTMENT COMMERCE PATENT OFFICE Washington Paper No. ^ All communications respecting this application should give the serial number, date of filing, and name of the applicant. rh rn EMERY, WHITTEMORE, SANDOE & DIX 60 E 42ND STREET NEW YORK 17, NEW YORK L J Mailed April 7, 1958 Ser. No.: 37,767 Applicant: Atlantic Asphalt & Asbestos, Inc. Publication Date: April 29, 1958 TRIPLE A ETC. & DES. NOTICE OF PUBLICATION UNDER SECTION 12 (a) The application identified above has been examined and it appealing that applicant is entitled to Registration, the mark will in accordance with Section 12 (a) of the Trade mark Act of 1946, 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 notice of opposition is filed within the time specified by Section 13 of the statute, or by Rules 2.101 and 2.102 of the Trademark Rules, the Commissioner of Patents 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 20 cents each from the Superintendent of Documents, Government Printing Office. By direction of the Commissioner. QRO 4216W-? j, H. MERCHANT Director, Trademark Examining Operation. a \\ 2 5IS57 \ C?0 *9831 v \.i<X<rj"wr,.... i . i ^ IN THE UNITED STATES PATENT OFFICE APPLICATION FOR TRADE-MARE REGISTRATION PRINCIPAL REGISTER // 3776? Mark: "TRIPLE An Class 12 - Construction materials TO THE COMMISSIONER OF PATRIOTS: / Corporate Name: Atlantic Asphalt & Asbestos, Inc., a Delaware corporation Business adaress: 359 Dongbrook Ave., Stratford, Conn. Situs: 00 V<est IOth Street, Wilmington, Delaware. The above-identified applicant has auopted anu is using the trade-mark shown in the accompanying drawing for asphalt roofing and siaing, asbestos-cement siaing, aspnalt saturated felt roofing and insulation, asphalt mineral surface rolls, and asphalt starter rolls usee, in building construction and repair and requests that said mark be registered in the United States Patent Office on the Principal negister established by the Act of July 5, 1946. The trade-mark was first used on the gooas on January 2, 1953; was first used in interstate commerce on January 2, 1953; and is now in use in such commerce./ The mark is used by applying it to printed tags or labels affixed to the gooas or to containers for the goods, and five specimens showing the marK as actually used are presented herewith s Applicant is the owner of registration No. 444,233, dated September 19, 1950. Applicant disclaims the words nR00fing & Siding" apart from the mark as shown. * STATE OF CONNECTICUT COUNTY OF FAIRFIELD ss: EDVi IN S. PETERSEN, being sworn, states: he is Vice President of applicant corporation and is authorized to execute this affidavit on behalf of said corporation; he believes said corporation to be the owner of the mark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as might be calculated to deceive; and the facts set forth in this application are true. / ATLANTIC ASPHALT & ASBESTOS, INC. By V7 AA:- ah Edwin S. Petersen Vice President / Subscribed and sworn to before me / this 12th day ofO 1957. /. Notary Publ] POwER OF ATTORNEY Applicant hereby appoints Emery, whittemore, Sanaoe & Dix of 60 East 42na street. New York 17, N. Y., a firm consisting of Manvel Vhittemore, Nicnol M. Sanaoe, Charles . Neill and George J. Schottler, each a member of the bar of the State of New York, to prosecute this application to register, to transact ail business in connection therewith, and to receive the certificate of registration. ATLANTIC ASPHALT & ASBESTOS, INC. ^/ ' /' J? By ^ ao-'c- l/i L-i l- Edwin o. Petersen Vice President a.  WniTTKMOiin. Saxdoe & Dtx E l. f. - ^ ; D 'lirxronx HriLDixc?, (o Mast U'1 Stki-:)>:t / f Xmv VoK'K 17. X V September 25> 1957 Hen. Commissioner of Patents, suing ton, n ^ * i r: - He transmit herewith application of Atlantic Asphalt & Asbestos, Inc. for registration of the traae-marK 'i'nlPijh a, ineiuaing statement. Declaration, Power of Attorney, drawing ana live specimens of the nar.K, together with a chec.-c for *25. in payment of the Government filing fee. Respectfully, A i choi K. oc.ndoe Attorneys lor Apu-ic&nt #