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.,

http://estta.uspto.gov

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))



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))



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




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




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.




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.




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.




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.




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




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®


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®



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®



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®



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®



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®



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®



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®



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®



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


CITY RENO

STATE Nevada

POSTAL CODE 89519


PHONE 775-826-6160

EMAIL [email protected];[email protected]



CORRESPONDENCE SECTION (proposed)

NAME Ian F. Burns, Esq.

FIRM NAME ATIP LAW


CITY RENO

STATE Nevada

POSTAL CODE 89519


PHONE 775-826-6160

EMAIL [email protected];[email protected]



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


LEGAL ENTITY SECTION (current)

TYPE individual

../SPN0-76247202166-20150621203254641046_._ShippingLabel_745_9193.pdf

../S890002.JPG

../SPN1-76247202166-20150621203254641046_._Website_745_9193.pdf

../S890003.JPG

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


RENO, Nevada (NV) 89519

United States

The docket/reference number is 745.9210.

The phone number is 775-826-6160.

../SPN0-76247202166-20150621203254641046_._ShippingLabel_745_9193.pdf

../S890002.JPG

../SPN1-76247202166-20150621203254641046_._Website_745_9193.pdf

../S890003.JPG

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


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

petition for cancellation - chemeon surface …...2016/11/16 · 580 f.3d 1240, 91 uspq2d 1938...

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