Petition for Cancellation - CHEMEON Surface …...2016/11/16 · 580 F.3d 1240, 91 USPQ2d 1938...
Transcript of Petition for Cancellation - CHEMEON Surface …...2016/11/16 · 580 F.3d 1240, 91 USPQ2d 1938...
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA783382
Filing date: 11/16/2016
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Petition for Cancellation
Notice is hereby given that the following party requests to cancel indicated registration.
Petitioner Information
Name CHEMEON Surface Technology, LLC
Entity limited liability company Citizenship Nevada
Address 2241 Park Place Buliding BMinden, NV 89423UNITED STATES
Attorney informa-tion
Robert C. RyanHolland & Hart LLP5441 Kietzke Lane Second FloorReno, NV 89511UNITED [email protected], [email protected], [email protected]:(775) 327-3000
Registration Subject to Cancellation
Registration No 2963106 Registration date 06/21/2005
Registrant SEMAS, DAVID M.P.O. BOX 618GENOA, NV 89411UNITED STATES
Goods/Services Subject to Cancellation
Class 001. First Use: 1994/12/31 First Use In Commerce: 1994/12/31All goods and services in the class are cancelled, namely: Chemicals for use in metal treatment, con-sisting of cleaners, etchers, deoxidizers, dyes, electrolytic colors, sealants, electro polishers, anodiz-ing additives, surfactants, acidifiers, basifiers, anodizing accelerators, fume suppressants,and antifoaming agents
Class 009. First Use: 1995/10/31 First Use In Commerce: 1995/10/31All goods and services in the class are cancelled, namely: Computer hardware systems comprisingcentral processing units, computer monitors, computer input devices, namely, computer touchscreens and keyboards, and computer interface controllers; computer software for controlling andmonitoring metal treatment processes, storing data related to metal treatment, and for creating pro-cess verification reports
Grounds for Cancellation
Abandonment Trademark Act Section 14(3)
The registration is being used by, or with the per-mission of, the registrant so as to misrepresentthe source of the goods or services on or in con-nection with which the mark is used
Trademark Act Section 14(3)
Fraud on the USPTO Trademark Act Section 14(3); In re Bose Corp.,
580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.2009)
Related Proceed-ings
Chemeon Surface Technology, LLC v. Metalast International, Inc. et al. CaseNo. 3:15-cv-00294 (D. Nev.)
Attachments Petition For Cancellation - Metalast.pdf(2841345 bytes )
Certificate of Service
The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by First Class Mail on this date.
Signature /Robert C. Ryan/
Name Robert C. Ryan
Date 11/16/2016
1
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Chemeon Surface Technology, LLC. Petitioner, v. David M. Semas, Respondent.
Cancellation No.: TO BE ASSIGNED
Mark: Metalast Reg. No.: 2963106
PETITION FOR CANCELLATION
Chemeon Surface Technology, LLC (“Petitioner”), a Nevada limited liability corporation
with its principal place of business at 2241 Park Place, Suite B, Minden, Nevada 89423, believes
that it has been and will continue to be damaged by the continuing registration of the trademark
METALAST in Registration No. 2963106 (the “Registration”) purportedly owned by
Respondent David Semas. Petitioner therefore petitions for cancellation of Respondent’s
Registration.
As grounds for its Petition for Cancellation, Petitioner alleges that, upon actual
knowledge with respect to itself and its own actions, and upon information and belief as to other
matters:
1. The Registration in issue is for the word mark METALAST for use in connection
with the following goods:
IC 001. Chemicals for use in metal treatment, consisting of cleaners, etchers, deoxidizers, dyes, electrolytic colors, sealants, electro polishers, anodizing additives, surfactants, acidifiers, basifiers, anodizing accelerators, fume suppressants, and anti foaming agents.
IC 009. Computer hardware systems comprising central processing units, computer monitors, computer input devices, namely, computer touch screens and keyboards, and computer interface controllers; computer software for controlling and monitoring metal treatment processes, storing data related to metal treatment, and for creating process verification reports.
2
For both classes of goods, the Registration states a date of first use and first use in commerce of
October 31, 1995.
2. Metalast International, LLC (“Metalast”), was established on December 20, 1994.
From December 1994 until about April, 2013, Metalast International, Inc. (the “Inc.”) was the
managing member of Metalast, but as between the two entities, Metalast was the sole operating
entity using the METALAST mark in commerce in connection with any of the products of the
present Registration. The Respondent was the CEO, Chairman, and majority and controlling-
owner of Metalast’s manager, the Inc., during that period of time.
3. Metalast’s Operating Agreement, as originally established in December 1994 and
amended in 1996, was signed by Respondent on behalf of the Inc. and provided:
14.3 Duty of Loyalty and Good Faith. The Manager and the Members of the Company [i.e., Metalast] have a duty of undivided loyalty to the Company in all matters
affecting the Company interests and are obligated to act in good faith in dealing with the Company and other members. (Italics emphasis added.)
4. From at or about its inception until Metalast stopped operating on November 4,
2013, only Metalast, not the Inc., made, paid the expenses of manufacturing, advertising, and
selling, sold, and received revenues from, products and services under the METALAST mark,
including the products identified in the present Registration.
5. For example, in 2004, Metalast was licensed by the U.S. Navy to make, use, offer
for sale, and sell “TCP” chromium plating products under U.S. patents owned by the Navy.
Metalast then developed an enhanced version of TCP and made and sold this enhanced product
for years under the METALAST house mark and TCP-HF product mark. At no time was the
Respondent ever licensed by the U.S. Navy, or anyone else, to make, use, sell, offer for sale, or
import any TCP product, much less METALAST TCP-HF.
3
6. Like many if not all TCP products, METALAST TCP-HF was and is a hazardous
product and can cause injury to people if not used properly. The use of TCP-HF is therefore
regulated by OSHA; and many customers and other users of TCP-HF have long been careful to
specify on their engineering drawings and other specifications when and how “METALAST
TCP-HF” should be used in associated metal plating processes.
7. Starting in 1995, the Respondent commenced procuring, for his Inc., a series of
federal registrations for the METALAST mark, including the Registration in issue, in connection
with metal treatment products, systems, and services. Directly contrary to Respondent’s
fiduciary duty to Metalast and statements Respondent made, or directed to be made, to the SEC,
the IRS, Metalast investors, and many others about use of Metalast assets to build Metalast’s
METALAST brand, the Respondent directed Metalast employees to use METALAST funds to
pay for the legal work and expenses of procuring all these Federal registrations (and a U.S.
patent for a Metalast invention as well) for Respondent’s Inc. For further information in this
regard, see Chemeon Surface Technology, LLC v. Metalast International, Inc. et al (including
David M. Semas), case no. 3:15-cv-00294 (D. Nev.): First Amended Complaint, filed 4/7/2016;
Order of Stipulated Preliminary Injunction against defendants, entered 3/28/2016; and Order of
Stipulation for Dismissal with Prejudice of Certain Counterclaims by Respondent and his Inc.,
entered 10/31/2016.
8. On April 25, 2013, the Nevada Ninth Judicial District Court found that Metalast
was insolvent and appointed a receiver to take over the management of Metalast. The receiver
reported to the Court that approximately 1,000 Metalast members had invested more than $95
million in Metalast and that Metalast’s accumulated losses, as managed by the Respondent and
his Inc., exceeded $119 million.
4
9. In the meantime, the Respondent had sold portions of his Metalast “shares” to
third parties for over $9 million while at the same time responding to many Metalast member
inquiries that there was no market for selling of Metalast shares.
10. On May 7, 2013, during Metalast’s Court-ordered receivership, the Respondent,
signing on behalf of the Inc., assigned the Inc.’s METALAST registrations, including the
Registration in issue, to himself.
11. On November 4, 2013, pursuant to pre-approval from the Nevada Ninth Judicial
District Court, the receiver sold all Metalast assets, including all Metalast goodwill, to the
Petitioner. The Petitioner then hired many former Metalast employees and commenced
operations with the Metalast assets, including by changing its name to Metalast Surface
Technology, LLC (“MST”). For about a year and a half thereafter, Petitioner continued selling
the same products previously sold by Metalast, such as TCP-HF for example, under the
METALAST house mark.
12. In March, 2015, Petitioner changed its name to Chemeon Surface Technology,
LLC. By June 10, 2015, Petitioner had changed its house mark to CHEMEON and since that
date all the products and services Petitioner had previously provided under the METALAST
house mark have been provided only under CHEMEON house mark along with the applicable
ongoing product mark, such as TCP-HF for example. (See Exhibit 1 attached.)
13. At least in part due to the sale of Metalast’s assets to the Petitioner on November
4, 2013, the Respondent has known that the Petitioner has been the only supplier of pertinent
products bearing the METALAST mark since that time, including the products set forth in the
present Registration: “[c]hemicals for use in metal treatment metal treatment, consisting of cleaners,
etchers, deoxidizers, dyes, electrolytic colors, sealants, electro polishers, anodizing additives, surfactants,
acidifiers, basifiers, anodizing accelerators, fume suppressants, and anti foaming agents.”
5
14. In about June 2014, Petitioner became aware that the present Registration must be
renewed in 2015 and that the renewal would require filing of specimens showing then-current
use of the Metalast mark by the Respondent for goods in each of the two classes of the present
Registration.
15. At that time, Respondent knew that Petitioner owned and maintained the Metalast
database having specimens of Metalast’s use of the METALAST mark from many years before.
Knowing that he had been making no ongoing use of the METALAST mark and that he had no
legitimate access to the specimens of use in the Petitioner’s database, the Respondent asked
Petitioner’s employee, a nephew of the Respondent, to procure from the Petitioner’s database
specimens of use of the METALAST mark by Metalast. Respondent’s nephew then improperly
procured such specimens from Petitioner’s database, emailed the specimens from Petitioner’s
email system to his personal email address, and from there emailed the specimens to the
Respondent.
16. The Respondent knew that the specimens he had improperly procured from the
Petitioner’s database had not been in use by anyone, much less by or for the Respondent, for
many years.
17. Nevertheless, on July 13, 2015, Respondent caused his counsel to file the attached
renewal documents (i) falsely stating that Respondent was using the Metalast mark in commerce
for all the goods of the present Registration and (ii) falsely submitting the attached specimens,
which had been improperly procured by him and his nephew from Petitioner’s database, as
showing such use in commerce for a good in each class of the present Registration. (See Exhibit
2 attached.) On information and belief, Respondent did so with intent to deceive the U.S. Patent
6
& Trademark Office (“USPTO”) into granting renewal of his Registration in issue based on such
knowingly false statements and specimens of use.
18. For at least three years prior to the filing of this Petition, Respondent has not
made any “bona fide use in commerce” of the METALAST mark in connection with any of the
goods, much less all of the goods, identified in Respondent’s Registration and renewal in issue.
19. The USPTO record for the Registration thus improperly indicates that
METALAST TCP-HF has been available from the Respondent including as least as recently as
July 2015. This record (i.e., Respondent’s renewal filing) was and is false; and it constitutes a
misuse of Petitioner’s copyrights and goodwill, including the goodwill it acquired from the
Metalast asset sale and copyrights and goodwill in the specimens, all of which were, in July 2015
and before, and still are owned only by the Petitioner and never by the Respondent.
20. The Respondent’s fraudulent renewal documentation and resulting ongoing
Registration also threatens to harm and confuse the public about the only sources of
METALAST TCP-HF, or any TCP-HF product for that matter: Metalast until November 2013
and Chemeon ever since (including, as of June 10, 2015, under the mark CHEMEON house
mark and TCP-HF product mark).1
21. Consistent with his deception of the USPTO in connection with the present
renewal and resulting ongoing Registration, the Respondent has threatened Petitioner and at least
one of Petitioner’s distributors that the Petitioner and its distributor cease and desist from
1 The renewal’s attached “METALAST TCP-HF” specimen, from 2008, also falsely stated that the product was made under Navy license to the Inc. As can be seen from this specimen created while Respondent was running Metalast, the Respondent had hatched a plan many years before Metalast ran out of investor funds, to confuse the market about the actual source of Metalast products and have the Respondent be in a position to abscond with the Metalast’s name, house mark, goodwill, and other intellectual property (all paid for by Metalast) in the event that the Metalast business ran out of money, as it finally did in April, 2013.
7
referring to the Petitioner’s proprietary TCP-HF as being, which it is, the same product identified
as METALAST TCP-HF on long-standing customer engineering specifications based on
METALAST TCP-HF products acquired from Metalast and the Petitioner.
22. In addition, Respondent has been offering to sell the METALAST registrations,
including the Registration in issue, to third parties so that a purchasing third party can confuse
customers and users into thinking that the long-specified METALAST TCP products come from
the purchasing third party other than, as has correctly only been the case, Metalast and Chemeon.
COUNT I
Fraudulent Registration
(15 U.S.C. § 1064(3))
23. Petitioner re-alleges and incorporates by reference the preceding allegations of its
Petition for Cancellation.
24. Consequently, Respondent has obtained the renewal of the present Registration
fraudulently and the Registration should be cancelled.
COUNT II
Abandonment Based on Non-Use
(15 U.S.C. § 1064(3))
25. Petitioner re-alleges and incorporates by reference the preceding allegations of its
Petition for Cancellation.
26. Respondent has no intent to use the METALAST mark in connection any of the
goods of the present Registration much less all of them.
27. Consequently, Respondent has abandoned the METALAST mark and
Respondent’s Registration should be cancelled.
8
COUNT III
Confusion as to Source of Origin
(15 U.S.C. § 1064(3))
28. Petitioner re-alleges and incorporates by reference the preceding allegations of its
Petition for Cancellation.
29. Respondent has procured the renewal of the present Registration and sought to
use it and the METALAST mark in a fashion that causes confusion as to source of origin.
WHEREFORE, Petitioner believes that it is and will continue to be damaged by the
continuing registration of Respondent’s Mark and respectfully requests that Respondent’s
Registration be cancelled.
The filing fee in the amount of $300 is being transmitted electronically with this
submission. Any deficiency in the fee should be charged to Deposit Account No. 08-2623.
Dated: November 16, 2016 Respectfully submitted,
/s/ Robert C. Ryan/ Robert C. Ryan
Christopher B. Hadley Tamara Reid Michelle N. Brooks
HOLLAND & HART LLP 5441 Kietzke Lane, 2nd Floor Reno, Nevada 89511 Phone: (775) 327-3000 Facsimile: (775) 786-6179
Attorneys for Petitioner Chemeon Surface Technology, LLC.
9
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Petition for Cancellation has been served by U.S. First Class Mail, postage prepaid, on Respondent’s counsel of record for the Registration as follows:
Ian F. Burns, Esq. ATIP Law 4790 Caughlin Parkway #701 Reno, Nevada 89519 /s/ Gay L. Groves Gay L. Groves
Exhibit 1
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
Technical Data Sheet
CHEMEON TCP-HF™
A ROHS, REACH, WEEE, ELV and OSHA PEL compliant chromium (III) conversion
coating used for immersion and spray applications
PRIMARY APPLICATIONS
CHEMEON TCP-HF* is a chemical conversion coating for aluminum alloys,
magnesium, zinc and zinc alloys, as well as a sealer for anodized aluminum. It produces
a protective coating on metal, which minimizes corrosion as well as improves adhesion
capabilities of the surface.
Applications include (but are not limited to):
• Sealant for aluminum anodic surfaces
• Hexavalent chromium-free passivation on aluminum, zinc, zinc alloys, and
magnesium
• Excellent bare metal corrosion protection on aluminum that is comparable to
hexavalent chromium chemistry
• Provides an excellent adhesive surface when used as a pretreatment for paint and
powdercoat applications, which results in extended corrosion resistance
• Meets MIL-DTL-81706B and MIL-DTL-5541F (revision of MIL-C-5541E) class 1A
& class 3 for bare corrosion protection
• U.S. Patent Number 6,375,726 (PCT/US 01/45434); 6,511,532 (PCT/US 02/35599);
6,521,029; and 6,527,841 (PCT/US 02/35490)
CHEMICAL CHARACTERISTICS: chemical composition..................................trivalent chromium salt
physical form...............................................liquid (light green)
odor..............................................................none
bulk density..................................................8.5 lbs/gal
pH, concentration.........................................2.0 – 3.5
flash point....................................................not applicable
recommended diluents.................................water
rinsability......................................................good
water solubility.............................................complete
* Metalast TCP-HF prior to June 10, 2015
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
APPLICATION PROCEDURE
General operating conditions for use as a chemical conversion coating:
Method of application: Soak or spray
Concentration: 10-50% by volume, depending on application
Water for make-up: DI water is preferred
Temperature: 65-120° F
Time: 1-10 minutes
pH: 3.85 (3.6-4.0) do not operate above 4.0
pH adjustments: Use 5-20% sulfuric acid to lower the pH. Use 5-20%
potassium hydroxide, 5-20% sodium hydroxide, 5-
20% ammonium hydroxide to increase the pH
Note: pH adjustments should be made very slowly
using continuous mixing
Tank material: Polypropylene, Koroseal-lined, 316 Stainless Steel,
or Teflon-lined
Note: Before initial charge, thoroughly clean the
tank
For new tanks or liners, rinse surfaces with the acid
chemistry of choice for lowering pH, then rinse
thoroughly with water
Heater material: Teflon coated heater
General operating conditions for use as an anodic seal:
Method of application: Soak
Concentration: 5-25% by volume, depending on application
Water for make-up: DI water is preferred
Temperature: 65-85° F
Time: 1-10 minutes
pH: do not operate above 4.0
pH adjustments: Use 5-20% sulfuric acid to lower the pH. Use 5-20%
potassium hydroxide, 5-20% sodium hydroxide, 5-
20% ammonium hydroxide to increase the pH.
Note: pH adjustments should be made very slowly
using constant mixing.
Tank material: Polypropylene, Koroseal-lined, or 316 Stainless Steel
or Teflon-lined tank
Note: Before initial charge, thoroughly clean the
tank. For new tanks or liners, rinse surfaces with the
acid chemistry of choice for lowering pH and then
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
rinse thoroughly with water
Heater material: Teflon coated heater
Application on bare aluminum:
To achieve maximum results, bare aluminum must be cleaned and activated prior to
treatment with CHEMEON TCP-HF.
Excellent results have been obtained using a mild alkaline cleaner at the lower end of its
operating temperature range. Typically, etching cleaners do not perform as well in
applications where corrosion resistance is imperative. Some suggested cleaners are
CHEMEON Cleaner1000 and CHEMEON Cleaner 1000 SP (spray applications).
Surface activation can be performed using a strong acid such as nitric at 50%.
The pH of a CHEMEON TCP-HF bath should be critically monitored and the tank should
have agitation capabilities for use while making pH adjustments. During passivation,
stagnant bath is recommended but agitated bath can also be used. No violent or forceful
agitation.
Filtering can be done with 5 - 20 micron non-ion exchange filters.
For applications on previously coated and stripped substrates or touch-up field repairs,
contact the CHEMEON Technical Center at 1-888-782-8324 or [email protected]
Performance on bare aluminum:
Electrical conductivity and adhesion test specifications in accordance with MIL-DTL-
81706B and MIL-DTL-5541F (revision of MIL-C-5541E) are easily met when
CHEMEON TCP-HF is applied. When using the recommended process, corrosion
resistance to 336 hours salt spray is obtainable.
Application on anodized aluminum:
CHEMEON TCP-HF can be used as a seal for most anodized aluminum surfaces
including but not limited to Type IIB Thin Film and Type II colorless, dyed,
electrolytically colored coatings, and more.
The anodized aluminum must be rinsed well before immersion in the seal tank. After
treatment with CHEMEON TCP-HF, very little rinsing is needed. 10-30 seconds in clean,
room temperature water is suggested for a post-seal rinse.
For use with dyed surfaces, excluding those that have been electrolytically modified, use
a low concentration of CHEMEON TCP-HF with a long immersion time to obtain
maximum color retention.
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
For electrolytically colored surfaces, the best results have been achieved by using a high
concentration of CHEMEON TCP-HF with a mid-range immersion time.
Performance on anodized aluminum:
For all concentrations and immersion times outlined in the General Operating Conditions
section of this technical data sheet, CHEMEON TCP-HF provides an excellent base coat
for adhesion applications and will provide corrosion resistance in accordance with ASTM
B117 to 3,000+ hours.
Application on non-aluminum substrates:
For specific applications and process parameters contact the CHEMEON Technical
Center at 1-888-782-8324 or [email protected]
Application on Zinc-Nickel Plated Steel Parts: In order to meet or exceed the corrosion requirements of BAC5637 and AMS 2417, the
following processing steps should be followed:
• 50% v/v CHEMEON TCP-HF
• pH 3.85
• 90-120F
• 3-5 minute immersion
• DI rinse (0.1 min)
• Forced air dry (or just air dry)
Bath Makeup and Maintenance
Bath makeup:
• Fill the tank half full with deionized water
• Adjust the pH of the water to approximately 3.4 with pH-decreasing chemistry
specified above (a very small amount will be required)
• Add the desired amount of CHEMEON TCP-HF to the tank with continuous mixing
• Fill the tank to operating level
• Adjust the pH of the tank to 3.6-3.8 using pH-increasing chemistry. *ADD chemistry
very slowly while mixing to avoid damage to the bath.
Older tanks:
Over time, a small amount of precipitate may form in the tank. This is normal. If the pH
of the solution rises above 4.0, an unacceptably large amount of precipitate may form.
DO NOT FILTER because the precipitate has active ingredients that will be removed.
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
Contact the CHEMEON Tech Center for assistance in re-dissolving the precipitate.
Bath maintenance:
• The pH of the bath should be checked regularly. It is important that the pH of the bath
doesn’t exceed 4.0
• Replenishment due to drag out should be made with CHEMEON TCP-HF in water at
the same concentration the bath was made. For example, if the bath is made up at a
nominal 25% concentration, drag out should be replenished with a 25% solution of
CHEMEON TCP-HF
• Measurement of the bath concentration may be accomplished by using
spectrophotometry
The CHEMEON TCP-HF technical service group provides free monthly evaluation
of concentration and pH. Please contact the CHEMEON Tech Center if you are
interested in this service at 1-888-782-8324 or [email protected]
Solution Control by Spectrophotometry
Equipment:
Spectrophotometer
Glass cuvette
Plastic pipettes
500ml Graduated cylinder
1L volumetric flask
1L storage bottles
Fine porosity filter paper x 1 per bath sample
Graphing software or the ability to calculate the equation of a line
Using a spectrophotometer is an easy and accurate way to measure the concentration of a
CHEMEON TCP-HF bath. CHEMEON TCP-HF standards should be made in sets of
three at concentrations that bracket the target concentration of the bath. For example, if
25% is the operating concentration, your standards should be 10%, 25%, and 50% by
volume.
Procedure for making one liter 10%, 25%, and 50% standards:
1. To make a 50% by volume standard, measure 500 ml of CHEMEON TCP-HF
concentrate with the graduated cylinder and pour the contents into the volumetric
flask.
2. Fill the volumetric flask to the 1L mark with deionized water.
3. Put the cap on and mix thoroughly.
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
4. Pour the contents into a storage bottle and label the bottle with the date,
concentration, and chemical for storage.
5. Repeat steps 2-5 for the 25% and 10% standards but use 250ml CHEMEON TCP-
HF for the 25% standard and 100ml CHEMEON TCP-HF for the 10% standard.
6. New standards should be made every two months. If they become cloudy or
experience precipitation before then, discard and make new ones.
Procedure for analyzing CHEMEON TCP-HF bath sample:
1. Turn on the spectrophotometer. Allow the lamp to warm up according to
manufacturer’s specifications.
2. In the mean time, filter approximately 50-100 ml of your bath sample through fine
porosity filter paper.
3. Set the wavelength of the spectrophotometer to 605nm.
4. Fill the quartz cuvette with deionized water and wipe down the outside walls of
the cuvette so they are free of fingerprints, streaks, and moisture.
5. Place the cuvette in your spectrophotometer and “zero” the instrument according
to manufacturer’s specifications.
6. Measure the absorbance value of the deionized water according to the
manufacturer’s specifications. Record this value. It should be very close to zero.
7. Using a clean plastic pipette, refill the cuvette with one of your CHEMEON TCP-
HF standards, clean the walls of the cuvette again then place it in your
spectrophotometer.
8. Measure and record the absorbance value.
9. Repeat steps 4 through 8 for the other two standards and the filtered bath sample.
10. Plot the absorbance versus concentration for your standards on a graph and
determine the equation of the line. Microsoft Excel or a graphing calculator can
be used for this.
11. Plug the absorbance of the bath sample into the equation to obtain the
concentration.
If you need assistance with this you can call the CHEMEON Tech Center and they
will provide you with a Microsoft Excel spreadsheet that will calculate the
concentration for you.
If you are interested in quotes for a spectrophotometer or other related equipment,
please contact CHEMEON at 1-888-782-8324 or [email protected]
Solution Control by Titration
The solution concentration may be measured using a redox titration. The trivalent
chromium in the solution is oxidized to hexavalent chromium using hydrogen peroxide.
The hexavalent chromium content is then measured using a redox titration.
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
Required Materials
• Stirring hotplate
• 100 mL pipet
• pipet bulb
• 50 mL burette
• 50 mL graduated cylinder
• filter funnel
• fine grain filter paper
• 250 mL Erlenmeyer flask
• 10% w/w sodium hydroxide
• 30% hydrogen peroxide
• 17% v/v hydrochloric acid
• potassium iodide
• 0.1N sodium thiosulfate
• 1% starch solution
Procedure
1. Pipette 100 mL CHEMEON TCP-HF into a 250 mL Erlenmeyer flask
2. Add approximately 20 mL sodium hydroxide solution
3. Add approximately 5mL hydrogen peroxide, stirring for 5 minutes
4. Add another 5 mL hydrogen peroxide, stirring for an additional 5 minutes
5. Boil the solution for 30 to 40 minutes to remove excess hydrogen peroxide. The
solution will be highly effervescent at first. Be careful to avoid boiling the
solution over. Do not allow the solution to evaporate below 50 mL
6. Cool the solution and bring the volume to approximately 100 mL with deionized
water
7. Filter the solution through a fine grained filter paper. Rinse the filter paper and
precipitate using a washbottle filled with deionized water until it is colorless.
Retain the filtrate
8. Important: the filtrate must not be cloudy. If the filtrate is cloudy it must be
refiltered
9. Make sure the titration apparatus is prepared. The burette should be prepared with
0.1N sodium thiosulfate
10. Add 40 mL hydrochloric acid to the filtrate. The filtrate will turn from yellow to
orange
11. Add approximately 1 g potassium iodide
12. Immediately titrate the solution with 0.1N sodium thiosulfate until the solution is
pale red-brown
13. Add 2 mL of starch solution and titrate to endpoint (mint green)
Calculation
CT021816 ©2015 CHEMEON Surface Technology All Rights Reserved
2241 Park Place, Suite B Minden, NV 89423
(888) 782-8324 www.CHEMEON.com
Conc. CHEMEON TCP-HF (% by vol.) = Volume in mL 0.1N sodium thiosulfate
consumed
SAFETY AND HANDLING
Prior to handling and use of any of the materials referenced in this document, the Safety
Data Sheets should be read and understood by all personnel in contact with these
materials. Eyes and skin should be protected with appropriate personal
protective equipment. Do not ingest. Having eyewash fountains and emergency showers
in close proximity is recommended.
KEEP OUT OF REACH OF CHILDREN
STORAGE
It is recommended to store CHEMEON TCP-HF in dry, indoor storage at temperatures
between 40°F and 100°F. Keep the product away from any incompatible materials
referenced in the Safety Data Sheets. All containers should be tightly closed when not in
use. There is a 2-year shelf life on the product.
DISPOSAL
Any disposal of the materials referenced in this document should be in accordance with
all applicable federal, state, and local regulations. The process solution can contain
components other than those present in the materials as supplied. Analysis of process
solutions may be required prior to disposal.
Safety Data Sheet OSHA Hazard Communication Standard
29 CFR 1910.1200. Prepared to GHS Rev 3.
Revision date: May 6, 2016
Page: 1/10
CHEMEON TCP-HF™
©2015 CHEMEON Surface Technology All Rights Reserved Page 1 of 10
SECTION 1: Identification
Product identifier: CHEMEON TCP-HF™
Other names: Metalast TCP-HF (prior to June, 2015)
Product Code Number: Not applicable.
Recommended use: Conversion coating and Anodizing Sealant.
Recommended restrictions: Uses other than as recommended above.
Manufacturer/Importer/Supplier/Distributor information:
Company Name: CHEMEON Surface Technology, LLC.
Company Address: 2241 Park Place, Bldg. B
Minden, NV 89423.
Company Telephone: (775) 782-8324
Company Contact Name: Customer Service
8:00 AM – 5:00 PM PST, Mon-Fri.
Emergency phone number: Chemtrec 24 hr. Emergency Telephone
800-424-9300 within U.S
703-527-3887 outside U.S.
SECTION 2: Hazard(s) identification
Classification of the chemical in accordance with paragraph (d) of §1910.1200:
Physical hazards
No physical hazards under GHS classification.
Health hazards
Skin irritation, Category 2.
Eye irritation, Category 2A.
Environmental hazards
No environmental hazards under GHS classification.
GHS Signal word: WARNING.
GHS Hazard statement(s): H315 - Cause skin irritation.
H319 - Causes serious eye irritation.
GHS Hazard symbol(s):
GHS Precautionary statement(s):
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 2 of 10
Revision Date: May 6, 2016
Prevention:
• P264 - Wash skin thoroughly after handling.
• P271 - Use only outdoors or in a well-ventilated area.
• P280 - Wear protective gloves/ eye protection/ face protection.
Response:
• P302+P352 - If on skin: Wash with plenty of water.
• P305 + P351 + P338 – If in eyes: Rinse cautiously with water for several minutes.
Remove contact lenses, if present and easy to do. Continue rinsing.
• P332+P313 - If skin irritation occurs: Get medical advice/attention.
• P337+P313 - If eye irritation persists: Get medical advice/attention.
• P362 - Take off contaminated clothing and wash it before reuse.
Storage:
• No storage precautionary statements required.
Disposal:
• Dispose of contents/container in accordance with local/regional/national/ international
regulations.
Hazard(s) not otherwise
Classified (HNOC): None known.
Percentage of ingredient(s) of unknown acute toxicity:
99% of the mixture consists of ingredients of unknown acute toxicity (oral).
100% of the mixture consists of ingredients of unknown acute toxicity (dermal/inhalation).
SECTION 3: Composition/information on ingredients
Mixture:
Chemical name CAS# Concentration
(weight %)
Chromium Sulfate, Basic Solution 12336-95-7 < 2%
Note: The balance of the ingredients are not classified as hazardous or are below the concentration
limit to be classified as hazardous, under the criteria of the Federal OSHA Hazard Communication
Standard 29CFR 1910.1200.
SECTION 4: First-aid Measures
Inhalation: Immediately move person to fresh air if vapor or mist of product is inhaled. Seek
immediate medical attention if symptoms develop.
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 3 of 10
Revision Date: May 6, 2016
Skin contact: Immediately remove all contaminated clothing. Wash affected area with water and
soap. If irritation occurs seek medical attention.
Eye contact: In case of contact, immediately flush eyes with copious amounts of water for at least 15
minutes. Ensure adequate flushing of eyes by separating eyelids with fingers. Seek medical attention.
Ingestion: Wash out mouth with large amounts of water and do not induce vomiting. Seek medical
attention.
Most important symptoms/effects, acute and delayed: Prolonged and/or repeated contact may
cause fluoride type irritation and/or dermatitis. May cause irritation to the eye. May cause GI
irritation, including nausea, vomiting, and diarrhea. May be harmful if swallowed in large quantities.
May exacerbate pre-existing eye, skin, and lung disorders.
Indication of immediate medical attention and special treatment needed: If any symptoms are
observed, contact a physician and give them this SDS sheet. If exposed or concerned: Get medical
advice/attention.
SECTION 5: Fire-fighting measures
Suitable extinguishing media: Product is an aqueous mixture and will not burn. Use measures
suitable to surrounding fire. Use Water, CO2 or dry chemical.
Unsuitable extinguishing media: Not applicable.
Specific hazards arising from the chemical:
USE WATER WITH CAUTION! Material will float and may ignite on the surface of water. Fight
fire from a protected location. Water may be ineffective in fighting the fire. Use water spray to keep
fire-exposed containers cool. Vapors may cause a flash fire or ignite explosively. Vapors may travel
to a source of ignition and flashback. Prevent buildup of vapors to explosive concentrations.
Hazardous combustion products - Fire conditions may produce small amounts of hexavalent
chromium, SO2 , SO3 and HF if exposed to elevated temperatures.
Special protective equipment and precautions for fire-fighters:
Wear full protective clothing and a self-contained respirator to avoid inhalation of possibly irritating
and toxic fumes. Fight fire from a protected location. In addition, wear other appropriate protective
equipment as conditions warrant (see Section 8).
SECTION 6: Accidental release measures
Personal precautions, protective equipment and emergency procedures: Evacuate danger area.
Stay upwind and away from spill/release. Avoid direct contact with liquid and vapors. For large
spillages, notify persons downwind of the spill/release, isolate immediate hazard area and keep
unauthorized personnel out. Wear appropriate protective equipment, including respiratory protection,
as conditions warrant (see Section 8). See Sections 2 and 7 for additional information on hazards and
precautionary measures.
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 4 of 10
Revision Date: May 6, 2016
Environmental Precautions: Stop spill/release if it can be done safely. Prevent spilled material from
entering sewers, storm drains, other unauthorized drainage systems, and natural waterways. Use water
sparingly to minimize environmental contamination and reduce disposal requirements. If spill occurs
on water notify appropriate authorities and advise shipping of any hazard.
Methods and material for containment and cleaning up: Absorb spill with inert material and
shovel into appropriate waste disposal container. Dispose of collected material according to
regulations.
SECTION 7: Handling and Storage
Precautions for safe handling: Do not get this material in your eyes, on your skin, or on your
clothing. Wash thoroughly after handling. For industrial use only. Do not take internally. Comply
with all national, state, and local codes pertaining to the storage, handling, dispensing, and disposal of
the product.
Conditions for safe storage, including any incompatibles: Keep container tightly closed in a cool,
well-ventilated place. Keep away from heat and light. Store above 40°F, away from strong
bases/alkalis and strong oxidizers.
SECTION 8: Exposure controls/personal protection
Control Parameters:
Occupational exposure limits:
US OSHA HAZARDOUS COMPONENTS (29 CFR 1910.1200):
Permissible Exposure Limits
Substance PEL-TWA
(8 hour)
PEL-STEL
(15 min) REMARKS
Chromium Sulfate, Basic
Solution (as Cr) 0.5 mg/m
3 No data available
US ACGIH Threshold Limit Values
Substance TLV-TWA TLV-STEL REMARKS
Chromium Sulfate, Basic
Solution (as Cr)
No data
available No data available
Appropriate engineering controls: Good general ventilation (typically 10 air changes per hour)
should be used. Ventilation rates should be matched to conditions. If applicable, use process
enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below
recommended exposure limits. If exposure limits have not been established, maintain airborne levels
to an acceptable level.
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 5 of 10
Revision Date: May 6, 2016
Individual protection measures, such as personal protective equipment:
Eye/face protection: Wear safety glasses and a face shield where a splash hazard exists. Wear a
full-face respirator, if needed. Use equipment for eye protection tested and approved under
appropriate government standards such as NIOSH (US) or EN 166(EU).
Skin and Hand protection: Impervious gloves and protective clothing are recommended. Gloves
must be inspected prior to use. Use proper glove removal technique (without touching glove's
outer surface) to avoid skin contact with this product. Dispose of contaminated gloves after use in
accordance with applicable laws and good laboratory practices. Wash and dry hands.
Respiratory protection: If engineering controls do not maintain airborne concentrations below
recommended exposure limits or to an acceptable level (in countries where exposure limits have
not been established), an approved respirator must be worn. In the United States of America, if
respirators are used, a program should be instituted to assure compliance with OSHA Standard 63
FR 1152, January 8, 1998. Respirator type: Air-purifying respirator with an appropriate,
government approved (where applicable), air-purifying filter, cartridge or canister. Contact health
and safety professional or manufacturer for specific information.
Other: Eye wash, safety shower and washing facilities should be available in the work area.
Thermal hazards: No data available.
SECTION 9: Physical and chemical properties
Appearance
Physical state: Liquid
Color: Translucent dark-green
Odor: Mild to no odor.
Odor threshold: No data available
pH: 2.1 – 3.5
Melting point/freezing point: freezing point 0 oC
Initial Boiling Point and > 100 °C (> 212 oF) @ 760 mmHg
boiling range:
Flash point: Not applicable
Evaporation rate: Not determined
Flammability (solid, gas): Not applicable
Upper/lower flammability or explosive limits
Flammability limit – lower %): Not applicable
Flammability limit – upper (%): Not applicable
Explosive limit – lower (%): Not applicable
Explosive limit – upper (%): Not applicable
Vapor pressure: Not determined
Vapor density (air=1): Not determined
Relative density (water = 1): Not determined
Solubility(ies): 100%
Partition coefficient
(n-octanol/water): Not available
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 6 of 10
Revision Date: May 6, 2016
Auto-ignition temperature: Not applicable
Decomposition temperature: Not available
Viscosity @ 20oC: Not available
Weight per gallon: 8.5 lbs.
% Volatiles by wt: 0
SECTION 10: Stability and Reactivity
Reactivity: Not chemically reactive.
Chemical stability: Stable under normal ambient and anticipated
conditions of use.
Possibility of hazardous reactions: Hazardous reactions not anticipated.
Conditions to avoid: Avoid contact with incompatible materials, elevated
temperatures, sparks, flames and ignition sources.
Incompatible materials: This product is incompatible with strong
bases/alkalis and strong oxidizers.
Hazardous decomposition products: This product may emit harmful gases if exposed to elevated
temperatures. Carbon monoxide and carbon dioxide.
SECTION 11: Toxicological information
Information on likely routes of exposure:
Inhalation: None expected. May exacerbate lung disorders.
Ingestion: None expected. May cause GI irritation, including nausea,
vomiting, and diarrhea. Maybe harmful if swallowed in
large quantities.
Skin: Prolonged and/or repeated contact may cause
fluoride-type irritation and/or dermatitis. Skin absorption not
expected.
Eyes: May cause irritation to the eye.
Target Organ(s): Eye, skin, lungs.
Symptoms related to the physical, chemical, and toxicological characteristics:
May exacerbate pre-existing eye, skin, and lung disorders.
Delayed and immediate effects and chronic effects from short or long-term exposure:
Prolonged and/or repeated contact may cause fluoride type irritation and/or dermatitis.
Numerical measures of toxicity:
Acute toxicity estimates:
Ingredient Information:
Substance Test Type (species) Value
Chromium Sulfate,
Basic Solution
LD50 Oral (Rat) No data available
LD50 Dermal (Rabbit) No data available
LC50 Inhalation (Rat) No data available
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 7 of 10
Revision Date: May 6, 2016
Product Acute Toxicity Estimates:
Acute Oral Toxicity – no data available
Acute Dermal Toxicity - no data available
Acute Inhalation Toxicity - no data available
Skin corrosion/irritation: Prolonged and/or repeated contact may cause fluoride-type
irritation and/or dermatitis.
Serious eye damage/eye irritation: This material can cause eye irritation. Symptoms may
include irritation, redness, and tearing.
Respiratory sensitization: No information available on the mixture, however none of
the components have been classified for respiratory
sensitization (or are below the concentration threshold for
classification).
Skin sensitization: No information available on the mixture, however none of
the components have been classified for skin sensitization
(or are below the concentration threshold for classification).
Germ cell mutagenicity: No information available on the mixture, however none of
the components have been classified for germ cell
mutagenicity (or are below the concentration threshold for
classification).
Carcinogenicity: No information available on the mixture, however none of
the components are listed in the National Toxicology
Program (NTP) Report on Carcinogens (latest edition) or has
been found to be a potential carcinogen in the International
Agency for Research on Cancer (IARC) Monographs (latest
edition), or by OSHA.
Reproductive toxicity: No information available on the mixture, however none of
the components have been classified for reproductive
toxicity (or are below the concentration threshold for
classification).
Specific target organ toxicity-
Single exposure: No information available on the mixture, however none of
the components have been classified for Specific target
organ toxicity- Single exposure (or are below the
concentration threshold for classification).
Specific target organ toxicity-
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 8 of 10
Revision Date: May 6, 2016
Repeat exposure: No information available on the mixture, however none of
the components have been classified for Specific target
organ toxicity- Single exposure (or are below the
concentration threshold for classification).
Aspiration hazard: No information available on the mixture, however none of
the components have been classified for aspiration hazard
(or are below the concentration threshold for classification).
Further information: No data available
SECTION 12: Ecological information
Ecotoxicity:
Product data: No data available
Ingredient Information:
Substance Test
Type Species Value
Chromium Sulfate,
Basic Solution (as
Cr)
LC50 Fish No data available
EC50 Invertebrate No data available
EC50 Algae No data available
Persistence and Degradability: No data available
Bioaccumulative Potential: No data available.
Mobility in Soil: No data available.
Other adverse effects: None anticipated.
SECTION 13: Disposal considerations
Disposal instructions:
Product - Discharge, treatment, or disposal may be subject to national, state, or local laws.
Contaminated packaging - Since emptied containers retain product residue, follow label warnings
even after container is emptied. Residual vapors may explode on ignition; do not cut, drill, grind, or
weld on or near this container.
SECTION 14: Transport Information
Land transport DOT
This material is not classified as dangerous under DOT regulations.
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 9 of 10
Revision Date: May 6, 2016
Maritime transport IMDG
This material is not classified as dangerous under IMDG regulations.
Air transport ICAO-TI and IATA-DGR
This material is not classified as dangerous under IATA regulations.
Environmental hazards
Marine pollutant: No.
Transport in bulk (according to Annex II of MARPOL 73/78 and the IBC Code)
No further relevant information available.
Special precautions which a user needs to be aware of, or needs to comply with, in connection
with transport or conveyance either within or outside their premises.
None.
SECTION 15: Regulatory Information
USA:
United States Federal Regulations: This SDS complies with the OSHA, 29 CFR 1910.1200.
The product is hazardous under OSHA.
Toxic Substances Control Act (TSCA) – All substances in this product are listed, as required, or
are exempt from the TSCA inventory.
CERCLA Hazardous Substance List, 40 CFR 302.4: None
SARA Title III
Section 302 Extremely Hazardous Substance (40 CFR 355, Appendix A): None
Section 311/312 (40 CFR 370):
Acute Health Hazard: Yes
Chronic Health Hazard: No
Fire Hazard: No
Pressure Hazard: No
Reactivity Hazard: No
Section 313 Toxic Release Inventory (40 CFR 372):
Component CAS No. Weight %
Chromium Sulfate, Basic Solution 12336-95-7 < 2%
CHEMEON TCP-HF®
©2015 CHEMEON Surface Technology All Rights Reserved Page 10 of 10
Revision Date: May 6, 2016
STATE REGULATIONS:
This SDS contains specific health and safety data is applicable for state requirements. For details
on your regulatory requirements you should contact the appropriate agency in your state.
California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of
1986:
This product does not contain chemicals known to the State of California to cause reproductive
effects.
New Jersey Right to Know: Chromium Hydroxide Sulfate is listed on the New Jersey Right to
Know list.
Pennsylvania Right to Know: Chromium Hydroxide Sulfate is listed on the Pennsylvania Right
to Know List.
Canada WHMIS Hazard Class: This product has been classified as Class D2B in accordance
with the hazard criteria of the Controlled Products Regulations and the SDS contains all the
information required by the Controlled Products Regulations.
SECTION 16: Other Information
To the best of our knowledge, the information contained herein is accurate. However,
CHEMEON Surface Technology, LLC does not assume any liability whatsoever for the
accuracy or completeness of the information contained herein. Final determination of
suitability of any material is the sole responsibility of the user. All materials may present
unknown hazards and should be used with caution. Although certain hazards are described
herein, we cannot guarantee that these are the only hazards which exist.
Exhibit 2
PTO Form 1963 (Rev 5/2006)
OMB No. 0651-0055 (Exp 07/31/2018)
Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of
Registration of a Mark under Sections 8 & 9
The table below presents the data as entered.
Input Field Entered
REGISTRATION NUMBER 2963106
REGISTRATION DATE 06/21/2005
SERIAL NUMBER 78267465
MARK SECTION
MARK METALAST
ATTORNEY SECTION (current)
NAME Ian F. Burns, Esq.
FIRM NAME ATIP LAW
STREET 4790 CAUGHLIN PARKWAY #701
CITY RENO
STATE Nevada
POSTAL CODE 89519
COUNTRY United States
PHONE 775-826-6160
EMAIL [email protected]
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET/REFERENCE NUMBER 745.9210
CORRESPONDENCE SECTION (current)
NAME Ian F. Burns
FIRM NAME ATIP LAW
STREET 4790 CAUGHLIN PARKWAY #701
CITY RENO
STATE Nevada
POSTAL CODE 89519
COUNTRY United States
PHONE 775-826-6160
EMAIL [email protected];[email protected]
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET/REFERENCE NUMBER 745.9210
CORRESPONDENCE SECTION (proposed)
NAME Ian F. Burns, Esq.
FIRM NAME ATIP LAW
STREET 4790 CAUGHLIN PARKWAY #701
CITY RENO
STATE Nevada
POSTAL CODE 89519
COUNTRY United States
PHONE 775-826-6160
EMAIL [email protected];[email protected]
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET/REFERENCE NUMBER 745.9210
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 001
GOODS OR SERVICES
Chemicals for use in metal treatment, consisting of cleaners, etchers,
deoxidizers, dyes, electrolytic colors, sealants, electro polishers, anodizing
additives, surfactants, acidifiers, basifiers, anodizing accelerators, fume
suppressants, and anti foaming agents
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE SPN0-76247202166-20150621203254641046_._ShippingLabel_745_9193.pdf
CONVERTED PDF FILE(S)
(1 page)\\TICRS\EXPORT16\IMAGEOUT16\782\674\78267465\xml4\S890002.JPG
SPECIMEN DESCRIPTION Shipping Label
INTERNATIONAL CLASS 009
GOODS OR SERVICES
Computer hardware systems comprising central processing units, computer
monitors, computer input devices, namely, computer touch screens and
keyboards, and computer interface controllers; computer software for
controlling and monitoring metal treatment processes, storing data related to
metal treatment, and for creating process verification reports
SPECIMEN FILE NAME(S)
ORIGINAL PDF FILE SPN1-76247202166-20150621203254641046_._Website_745_9193.pdf
CONVERTED PDF FILE(S)
(1 page)\\TICRS\EXPORT16\IMAGEOUT16\782\674\78267465\xml4\S890003.JPG
SPECIMEN DESCRIPTION Website
OWNER SECTION (current)
NAME SEMAS, DAVID M.
STREET P.O. BOX 618
CITY GENOA
STATE Nevada
ZIP/POSTAL CODE 89411
COUNTRY United States
LEGAL ENTITY SECTION (current)
TYPE individual
COUNTRY OF CITIZENSHIP United States
PAYMENT SECTION
NUMBER OF CLASSES 2
NUMBER OF CLASSES PAID 2
SUBTOTAL AMOUNT 800
TOTAL FEE PAID 800
SIGNATURE SECTION
SIGNATURE /ian burns/
SIGNATORY'S NAME Ian Burns
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 06/21/2015
SIGNATORY'S PHONE NUMBER (775) 826-6160
PAYMENT METHOD CC
FILING INFORMATION
SUBMIT DATE Sun Jun 21 20:42:26 EDT 2015
TEAS STAMP
USPTO/S08N09-XX.XXX.XXX.X
XX-20150621204226231234-2
963106-530a9d432844580ac5
5d87f6b26bac48624b89b3d6c
23cf6b79814b23ac64c613-CC
-7275-2015062120325464104
6
PTO Form 1963 (Rev 5/2006)
OMB No. 0651-0055 (Exp 07/31/2018)
Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under
Sections 8 & 9
To the Commissioner for Trademarks:
REGISTRATION NUMBER: 2963106
REGISTRATION DATE: 06/21/2005
MARK: METALAST
The owner, DAVID M SEMAS, a citizen of United States, having an address of
P.O. BOX 618
GENOA, Nevada 89411
United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.
For International Class 001, 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: Chemicals for use in metal treatment, consisting of
cleaners, etchers, deoxidizers, dyes, electrolytic colors, sealants, electro polishers, anodizing additives, surfactants, acidifiers, basifiers, anodizing
accelerators, fume suppressants, and anti foaming agents ; 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) Shipping Label.
Original PDF file:
SPN0-76247202166-20150621203254641046_._ShippingLabel_745_9193.pdf
Converted PDF file(s) (1 page)
Specimen File1
For International Class 009, 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: Computer hardware systems comprising central
processing units, computer monitors, computer input devices, namely, computer touch screens and keyboards, and computer interface controllers;
computer software for controlling and monitoring metal treatment processes, storing data related to metal treatment, and for creating process
verification reports ; 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) Website.
Original PDF file:
SPN1-76247202166-20150621203254641046_._Website_745_9193.pdf
Converted PDF file(s) (1 page)
Specimen File1
The registrant's current Correspondence Information: Ian F. Burns of ATIP LAW
4790 CAUGHLIN PARKWAY #701
RENO, Nevada (NV) 89519
United States
The docket/reference number is 745.9210.
The registrant's proposed Correspondence Information: Ian F. Burns, Esq. of ATIP LAW
4790 CAUGHLIN PARKWAY #701
RENO, Nevada (NV) 89519
United States
The docket/reference number is 745.9210.
The phone number is 775-826-6160.
The email address is [email protected];[email protected].
A fee payment in the amount of $800 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee,
if necessary.
Declaration
Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services
identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.
The signatory being warned that willful false statements and the like 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 this submission, 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.
Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.
Signature: /ian burns/ Date: 06/21/2015
Signatory's Name: Ian Burns
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: (775) 826-6160
Mailing Address:
ATIP LAW
4790 CAUGHLIN PARKWAY #701
RENO, Nevada 89519
Serial Number: 78267465
Internet Transmission Date: Sun Jun 21 20:42:26 EDT 2015
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XXX-201506212042
26231234-2963106-530a9d432844580ac55d87f
6b26bac48624b89b3d6c23cf6b79814b23ac64c6
13-CC-7275-20150621203254641046