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: 88352169

Filing Date: 03/22/2019

To the Commissioner for Trademarks:

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

The applicant, Midwest Can Company, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      10800 West Belmont Avenue, Suite 200
      Franklin Park, Illinois 60131
      United States
      XXXX (not authorized)

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:  Liquid fuel containers, industrial and commercial containers, namely, metal storage drums, chemical oil containers, namely, jerrycans, all made of metal and with flame mitigation device help prevent combustion; metal containers for liquid fuel with flame mitigation device help prevent combustion
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 006:  Liquid fuel containers, industrial and commercial containers, namely, metal storage drums, chemical oil containers, namely, jerrycans, all made of metal; metal containers for liquid fuel

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 00/00/1975, and first used in commerce at least as early as 00/00/1975, 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) Web page screenshot showing the mark in use in connection with the goods.

Original PDF file:
SPE0-42851130-20190321114911614702_._MIDWEST_CAN_Cl_6_Spec__8794.5_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 020:  Liquid fuel containers, industrial and commercial containers, namely, plastic storage drums, chemical oil containers, namely, jerrycans, all made of plastic; non-metal containers for liquid fuel; plastic replacement quick flow spouts for liquid fuel containers; plastic replacement caps for liquid fuel containers; Liquid fuel containers, industrial and commercial containers, namely, plastic storage drums, chemical oil containers, namely, jerrycans, all made of plastic and with flame mitigation device help prevent combustion; non-metal containers for liquid fuel with flame mitigation device help prevent combustion

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 00/00/1990, and first used in commerce at least as early as 00/00/1990, 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) Web page excerpt showing the mark in use in connection with the goods.
Specimen File1

       International Class 021:  Automobile oil funnels; drip pans

In International Class 021, 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 00/00/1990, and first used in commerce at least as early as 00/00/1990, 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) Web page screenshot showing the mark in use in connection with the goods.

Original PDF file:
SPE0-42851130-20190321114911614702_._MIDWEST_CAN_Cl_21_Spec__8794.5__.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6


The applicant's current Attorney Information:
      Anna L. King and Helen Hill Minsker, Richard S. Stockton, Katherine L. Fink, Anna L. King, Maurine L. Knutsson, Heather R. Smith-Carra, Elizabeth A. Brodzinski, William F. Rauchholz, Dale H. Hoscheit, Joseph M. Potenza, Robert F. Altherr, Ross A. Dannenberg, John M. Fleming, Jordan N. Bodner, Steve S. Chang, Gary D. Fedorochko, Christopher R. Glembocki, Lisa M. Hemmendinger, Sarah A. Kagan, Robert S. Katz, Christopher L. McKee, Frederic M. Meeker, Darrell G. Mottley, H. Wayne Porter, Christopher B. Roth, Joseph M. Skerpon, Benjamin C. Spehlmann, Susan A. Wolffe, Bradley C. Wright, Paul M. Rivard, C. Andy Mu, Evan M. Clark, Michael Cuviello, Joseph J. Berghammer, Marc S. Cooperman, J. Pieter van Es, Michael L. Krashin, Jon O. Nelson, Christopher J. Renk, Binal J. Patel, Charles W. Shifley, William Allen, Matthew P. Becker, Scott A. Burow, Michael Harris, Erik S. Maurer, Charles L. Miller, Janice V. Mitrius, Thomas K. Pratt, Robert H. Resis, Gregory G. Schlenz, Jason Shull, Timothy C. Meece, Sheldon W. Witcoff, Katie L. Becker, Bradley J. Van Pelt, Timothy J. Rechtien, Aseet Patel, Matthew May, Aimee B. Kolz, Louis DiSanto, Azuka Dike, Audra Eidem Heinze, Sean Jungels, Gregory J. Cohan, John P. Iwanicki, Ernest V. Linek, Eric Hamp, Victoria R. M. Webb, Brian Emfinger, Rajit Kapur, Elizabeth Almeter, Peter Nigrelli, Aaron Bowling, Kevin Keenan, Joshua Davenport, Camille Sauer, Shambhavi Patel, Pei Wu, John A. Webb, Jr., Robert Boyd, Bennett Ingvoldstad, Justin Philpott, Eric Zelepegus, Zach Getzelman, Kim Devine, Kurt Riester, Alisa Abbott, Joshua Schneider, Kirk Sigmon, Kevin Dam, Anthony J. Denis, Kerry Creeron of Banner & Witcoff, Ltd.      71 S. Wacker Drive, Suite 3600
      Chicago, Illinois 60606
      United States
      312-463-5000(phone)
      312-463-5001(fax)
      bwptotm@bannerwitcoff.com (authorized)
The attorney docket/reference number is 008794.00005.

The applicant's current Correspondence Information:

Anna L. King

Banner & Witcoff, Ltd.

71 S. Wacker Drive, Suite 3600

Chicago, Illinois 60606

312-463-5000(phone)

312-463-5001(fax)

bwptotm@bannerwitcoff.com;Aking@bannerwitcoff.com; sward@bannerwitcoff.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 $825 has been submitted with the application, representing payment for 3 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: /John Evans/   Date: 03/22/2019
Signatory's Name: John Evans
Signatory's Position: VP Sales
Payment Sale Number: 88352169
Payment Accounting Date: 03/22/2019

Serial Number: 88352169
Internet Transmission Date: Fri Mar 22 13:38:06 EDT 2019
TEAS Stamp: USPTO/BAS-X.XX.XX.XXX-201903221338065851
85-88352169-62031c96562c79a7a5d62c4fcfc5
6ab81a29745ba12fbe9648c6976bab4f9220-DA-
11894-20190321155348554030