TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86538320

Filing Date: 02/18/2015

To the Commissioner for Trademarks:

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

The literal element of the mark consists of PROLIFT.
The applicant is not claiming color as a feature of the mark. The mark consists of the literal element PROLIFT sitting atop a square representing a pallet that appears to be being lifted by the forks of a forklift; the element PROLIFT is angled so that "PRO" sits at a right angle to "LIFT" atop the design.
The applicant, Toyota Material Handling Midwest, Inc., having an address of
      12001 Plantside Dr.
      Louisville, Kentucky 40299
      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 037:  Maintenance and repair of lift trucks and rental services for such goods

In International Class 037, 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 07/30/1990, and first used in commerce at least as early as 07/30/1990, 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/services, consisting of a(n) Screenshot of webpage prominently displaying the mark used in connection with the services.

Original PDF file:
SPE00-661926435-20150209091118042035_._PROLIFT_Design_spec_in_37.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 042:  Retail store, wholesale store, and distributorship services in the field of lift trucks

In International Class 042, 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 07/30/1990, and first used in commerce at least as early as 07/30/1990, 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/services, consisting of a(n) Image of actual store prominently displaying the mark used in connection with the services.
Specimen File1



The applicant's current Attorney Information:
      Michelle B. Coughlin and Joshua A. Lorentz, Karen K. Gaunt, Jennifer K. Miller, April L. Besl of Dinsmore & Shohl LLP
      255 East 5th Street, Suite 1900
      Cincinnati, Ohio 45202
      United States
The attorney docket/reference number is 70937-2.

The applicant's current Correspondence Information:

Michelle B. Coughlin

Dinsmore & Shohl LLP

255 East 5th Street, Suite 1900

Cincinnati, Ohio 45202

513-977-8527(phone)

513-977-8141(fax)

michelle.coughlin@dinsmore.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $550 has been submitted with the application, representing payment for 2 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. 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 the application or any registration resulting therefrom, 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.

Declaration Signature

Signature: /LL/   Date: 02/18/2015
Signatory's Name: Lorie Leitner
Signatory's Position: Marketing and Sales Support Manager
RAM Sale Number: 86538320
RAM Accounting Date: 02/19/2015

Serial Number: 86538320
Internet Transmission Date: Wed Feb 18 14:16:53 EST 2015
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20150218141653468
679-86538320-530117e4c54eb86cc3d3d552d56
77174b206f2b235652635b534bbcd9ae3b8fcc79
-CC-10237-20150218115843221648