TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 87221862

Filing Date: 10/31/2016

To the Commissioner for Trademarks:

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

The literal element of the mark consists of LOUISVILLE.
The mark consists of a design containing three chevrons facing to the right and located to the left of the term "LOUISVILLE" in stylized font.
The applicant, LOUISVILLE LADDER INC., a corporation of Delaware, having an address of
      7765 National Turnpike, Unit 190
      Louisville, Kentucky 40214
      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 006:  Metal ladders, metal stepladders, metal step stools, metal scaffolding, prefabricated metal platforms; ladder tie-downs for use to secure ladders for storage and vehicle transport, ladder stabilizers, ladder jacks, and guard rails, all made primarily of metal

In International Class 006, 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 00/00/2007, and first used in commerce at least as early as 00/00/2007, 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) application of the mark directly onto the goods.
Specimen File1

       International Class 020:  Non-metal ladders, non-metal step ladders, non metal step stools; non-metal and metal accessory shelves specially adapted for storage and vehicle transport of ladders

In International Class 020, 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 00/00/2007, and first used in commerce at least as early as 00/00/2007, 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) application of the mark directly onto the goods.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1497762, 1494806, 3813121, and others.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 03/00/1955, and in commerce at least as early as 03/00/1955.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
LOUISVILLE has become distinctive of the goods/services through the applicants substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
LOUISVILLE has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 1494806 and 1497762 .

The applicant's current Attorney Information:
      John S. Egbert and Kevin S. Wilson of Egbert Law Offices, PLLC      1001 Texas Ave., Ste. 1250
      Houston, Texas 77002
      United States
      713-224-8080(phone)
      713-223-4873(fax)
      mail@egbertlawoffices.com (authorized)
The attorney docket/reference number is 1983-248.

The applicant's current Correspondence Information:

John S. Egbert

Egbert Law Offices, PLLC

1001 Texas Ave., Ste. 1250

Houston, Texas 77002

713-224-8080(phone)

713-223-4873(fax)

mail@egbertlawoffices.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. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; 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. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use 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 persons, except, if applicable, concurrent users, have 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 persons, 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. § 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: /1983-248/   Date: 10/31/2016
Signatory's Name: John S. Egbert
Signatory's Position: Attorney of record, Texas bar member
RAM Sale Number: 87221862
RAM Accounting Date: 11/01/2016

Serial Number: 87221862
Internet Transmission Date: Mon Oct 31 23:49:16 EDT 2016
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20161031234916532
078-87221862-57099fd34f4abe1d83b125e3cea
06580535e3746fe38c1c63df9f9cd51cc2eb3-CC
-7158-20161031233948558028