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: 88346398

Filing Date: 03/19/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of UPTEC.
The applicant is not claiming color as a feature of the mark. The mark consists of the word "UPTEC" in lowercase stylized characters, in which the "t" is divided in two longitudinal segments, the upper one of which resembles a "+" sign.
The applicant, Profilitec S.p.A,, a società per azioni (spa) legally organized under the laws of Italy, having an address of
      Via Scotte, 3
      Isola Vicentina (VI) 36033
      Italy

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:  Floors of metal; floating floors of metal; raised floors of metal; metal profiles for use in floors; floating floor supports of metal; raised floor supports of metal; structural support joists of metal for construction of floors; metal products for floor laying, namely, metal spacers used in the installation of flooring
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018004454, filed 12/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 008:  Hand-operated tools for laying floors, namely, adjustment key for pedestals of floating floors and raised floors
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018004454, filed 12/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 017:  Soundproofing membranes; soundproofing materials; acoustical insulation barrier panels; insulating waterproofing membranes; sound absorbing flooring underlayment; construction materials, namely, a non-metal antifragmentation sub-floor membrane; architectural acoustic products, namely, sound absorbers and diffusers
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018004454, filed 12/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 019:  Non-metal floors; non-metal floating floors; non-metal raised floors; non-metal profiles for use in floors; non-metal floating floor supports; non-metallic structural support joists for the construction of floors; construction materials, namely, non-metal pedestals of raised floors with self-leveling or fixed head; construction materials, namely, non-metal modular rings to increase height of pedestals of raised floors
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018004454, filed 12/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 020:  Tile spacers
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018004454, filed 12/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant's current Attorney Information:
      Franco A. Serafini of Themis Law      7825 Fay Ave Ste 200
      La Jolla, California 92037
      United States
      858-456-2898(phone)
      858-431-4702(fax)
      contact@themisipc.com (authorized)
The attorney docket/reference number is 10190.00091.

The applicant hereby appoints Franco A. Serafini of Themis Law
      7825 Fay Ave Ste 200
      La Jolla California 92037
      United States
      858-456-2898(phone)
      858-431-4702(fax)
      contact@themisipc.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:

Franco A. Serafini

Themis Law

7825 Fay Ave Ste 200

La Jolla, California 92037

858-456-2898(phone)

858-431-4702(fax)

contact@themisipc.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 $1375 has been submitted with the application, representing payment for 5 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: /Franco A. Serafini/   Date: 03/19/2019
Signatory's Name: Franco A. Serafini
Signatory's Position: Attorney of record, DC bar member
Payment Sale Number: 88346398
Payment Accounting Date: 03/19/2019

Serial Number: 88346398
Internet Transmission Date: Tue Mar 19 13:42:39 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201903191342397
92851-88346398-620f17d89b0728e5898e73db7
b2f4caa9c47fc7de558ada685d88dd3736d1af89
-CC-13029-20190319131901233494