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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88038189

Filing Date: 07/15/2018

To the Commissioner for Trademarks:

MARK: WORX (Standard Characters, see mark)
The literal element of the mark consists of WORX.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Positec Group Limited, a corporation of China, having an address of
      Level 54, Hopewell Centre
      183 Queen's Road East
      Hong Kong Adm. Region 0
      China

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:  Tool boxes of metal, empty; ladders of metal; combined vice and workbench of metal; metal clamps; workbench accessories, namely, clamps; vice benches of metal; replacement parts for the aforesaid goods
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 007:  Metalworking machines; woodworking machines; cutting machines; wrenches (machines); electric hammers; sharpeners; buffer; routers; grinders (machines); sanders; polishers; planers; hot air guns; impact wrenches; grinding machines; oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; profile sanders; power-operated spray guns; brushes, electrically operated; bits for power drills; tool bits for machines; power-operated nailing guns; power-operated snow throwers; power operated car polisher; glue guns; fans being parts of machines; spray guns for paint; electric tire inflator; impact drills; hammer drills; shears; garden shredders; jig saws; reciprocating saws; circular saws; power tool accessories, namely, drill bits for drills; screwdriver bits for screwdriver; saw blades for compact circular saws; sanding paper for sanders and oscillating multi-purpose tool; cut blade for oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; cutting discs for compact circular saw; carbide rasps for oscillating multi-purpose power tool used for sanding, grinding, polishing, sharpening, rasping, sawing, and scraping; router bits for router; grinding wheels, abrasive wheels for angle grinder; sanding sheets for sanders; polishing pads for sanders and oscillating multi tools; sanding pads for sanders and angle grinders; machines and apparatus for cleaning; washing apparatus; high pressure washers; robotic high pressure washers; swimming pool cleaning machines; robotic swimming pool cleaners; tree pruners (machines); chain saws; robotic lawnmowers; sweepers; power operated brushing machines; vacuum cleaner; robotic cleaners, namely, robotic vacuum cleaners, robotic floor cleaning machines, robotic road sweeping machines, robotic steam cleaner; brushes for vacuum cleaners; robotic snow thrower; power operated grass trimmers; power operated weed trimmers; robotic grass trimmers; robotic weed trimmer; electric lawn trimmers; robotic lawn trimmer; power-operated lawn and garden string trimmers; robotic lawn and garden string trimmer; robotic watering machines; garden tool accessories, namely, spools, edging wheels for grass trimmers; bars, chains, extension poles for chain saws; blades for mowers; bags, leaf collection bags, gutter cleaning kits, inflators and air deflators for blowers; nozzles, brushes, soap bottles, water buckets for pressure cleaners; grass boxes for mowers; hoses for pressure cleaners
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 008:  Accessories for hand held tools, namely drill bits, screwdriver bits, bits for hand drills; bit drivers for hand tools, saw blades, grinding wheels, sanding discs, abrading discs; tool belts, tool holders; vises; clamps
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 009:  Application software, computer software, computer software applications, software; downloadable software; downloadable mobile applications; application software for smart phones; application software for mobile phones, tablets, laptops and computers; downloadable mobile and computer software for power tools and gardening tools, especially as control system; remote controls; remote control apparatus; software for remote controls; remote control apparatus for garden tools and power tools; speakers, radios; lasers for measuring; measuring instruments and apparatus, levels (instruments for determining the horizontal); safety goggles; protective ear covering shields; protective work gloves; gloves for protection against accidents; protective gloves for industrial use; clothing for protection against accidents, irradiation and fire
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 011:  LED lights; LED lighting fixtures for indoor and outdoor lighting applications; work lights; heat guns; electric cool boxes; air purifying apparatus and machines; water purifying apparatus and machines; filters for drinking water; water filtering apparatus; electric fans; electrically heated clothing
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 035:  online retail store services featuring lawn and garden equipment and accessories, garden carts, multipurpose wheeled carriers, hand operated tools and accessories, workbenches and accessories, work support products and accessories, power operated tools and accessories, lighting products, batteries, battery chargers, battery packs, speakers, radios, protective clothing and equipment, measuring instruments and apparatus, purifying and filtering apparatus for water, air purifying apparatus, heat guns, electric fans and cool boxes, and electrically heated clothing
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 037:  repair and maintenance services in the fields of lawn and garden equipment and accessories, garden carts, multipurpose wheeled carriers, hand operated tools and accessories, workbenches and accessories, work support products and accessories, power operated tools and accessories, lighting products, batteries, battery chargers, battery packs, speakers, radios, protective clothing and equipment, measuring instruments and apparatus, purifying and filtering apparatus for water, air purifying apparatus, heat guns, electric fans and cool boxes, and electrically heated clothing
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5469900, 4981124, 3628815, and others.

The applicant's current Attorney Information:
      Scot A. Duvall of Middleton Reutlinger      401 S. Fourth Street, Suite 2600
      Louisville, Kentucky 40202
      United States
      502-625-2784(phone)
      502-561-0442(fax)
      sduvall@middletonlaw.com (authorized)
The attorney docket/reference number is ZM981-18249.

The applicant hereby appoints Scot A. Duvall of Middleton Reutlinger
      401 S. Fourth Street, Suite 2600
      Louisville Kentucky 40202
      United States
      502-625-2784(phone)
      502-561-0442(fax)
      sduvall@middletonlaw.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Scot A. Duvall

Middleton Reutlinger

401 S. Fourth Street, Suite 2600

Louisville, Kentucky 40202

502-625-2784(phone)

502-561-0442(fax)

sduvall@middletonlaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1925 has been submitted with the application, representing payment for 7 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 submission 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: /Scot A. Duvall/   Date: 07/15/2018
Signatory's Name: Scot A. Duvall
Signatory's Position: Attorney of record, Kentucky bar member
Payment Sale Number: 88038189
Payment Accounting Date: 07/16/2018

Serial Number: 88038189
Internet Transmission Date: Sun Jul 15 13:43:40 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-201807151343409962
23-88038189-6107761cb54ec529f363574fec26
4de031ddbb1f5e3b2d468412c25a0a68adae2-CC
-6836-20180715133521110026