Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85961698

Filing Date: 06/17/2013

To the Commissioner for Trademarks:

MARK: TORO (stylized and/or with design, see mark)

The literal element of the mark consists of TORO.
The color(s) red is/are claimed as a feature of the mark. The mark consists of the word "TORO" against a red rectangle.
The applicant, The Toro Company, a corporation of Delaware, having an address of
      8111 Lyndale Avenue South
      Bloomington, Minnesota 55420
      United States


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 007:  Earth moving machines and excavating machines, namely, backhoes and soil compactors; Earth moving and earth boring machines, namely, trenchers, directional drills, vibratory plows and machines for use in digging trenches and laying underground cables; Attachments for earth working machines, namely, backhoes, vibratory plows and trenchers; Turf and landscape machines, namely, aerators, seeders, brush chippers, stump grinders, log splitters and power rakes; Construction equipment, namely, earth compactors, power screeds, plate compactors, rammers, trench rollers, concrete and masonry mixers, trowels, vibratory plows, trenchers, horizontal drills, compaction equipment, concrete and masonry material handlers; Tools and accessories for use in the construction industry, namely, compactors, concrete vibrators, concrete screed machines, concrete mixers, mud buggies, mortar mixers, troweling machines, vibrators and vibrating screeds; Power-operated stump and root grinding and removal machines; cutting teeth for use with stump and root grinding and removing machines or similarly powered pieces of equipment for grinding and removing of tree stumps and roots above and below the ground; and Earthmoving machines, namely, front-end loaders and bulldozers and component parts and component accessories therefor

In International Class 007, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/1995, and first used in commerce at least as early as 00/00/1995, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photo of TORO Machine.

Original PDF file:
SPE0-20722921945-162616643_._Photo_of_TORO_Machine.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant claims ownership of U.S. Registration Number(s) 4317277, 1156106, and 4047740.
The English translation of TORO in the mark is bull.

The applicant's current Attorney Information:
      Linda M. Byrne and Robert Crawford; Eric Curtin of Crawford Maunu PLLC
      1150 Northland Drive, Suite 100
      St. Paul, Minnesota 55120
      United States
The attorney docket/reference number is TORO.927TM.

The applicant's current Correspondence Information:

Linda M. Byrne

Crawford Maunu PLLC

1150 Northland Drive, Suite 100

St. Paul, Minnesota 55120

651-259-2302(phone)

651-686-7111(fax)

Lbyrne@ip-firm.com;Ljoyce@ip-firm.com (not authorized)

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

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Linda M. Byrne/   Date: 06/17/2013
Signatory's Name: Linda M. Byrne
Signatory's Position: Attorney of record, Minnesota bar member
RAM Sale Number: 85961698
RAM Accounting Date: 06/18/2013

Serial Number: 85961698
Internet Transmission Date: Mon Jun 17 15:38:02 EDT 2013
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201306171538026
75545-85961698-50043f39935844d746c573e9c
12fb2d2f04f2685a04cb7b03059b1e87dcddf73c
-DA-2431-20130617114611551110