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: 88359054

Filing Date: 03/27/2019

To the Commissioner for Trademarks:

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

The applicant, Comalander Fabrication and Services, LLC, DBA XPS Fabrication and Services, a limited liability company legally organized under the laws of Texas, having an address of
      12390 FM 365
      Beaumont, Texas 77705
      United States
      865-224-8555(phone)
      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:  Industrial platforms, ladder cages, deck barges, industrial site bridges, storage boxes, work boats, fixed pipe supports, adjustable pipe supports, pipe casing clamps and skids, all fabricated from 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 02/01/2017, and first used in commerce at least as early as 02/01/2018, 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) screen shots from applicant's website at www.xpsfabrication.com, photograph of custom-fabricated block for a pipe stand, and photograph of a product card.

Original PDF file:
SPE0-966912185-20190327112214553191_._US_TM_Spec1_1320_0005_TM.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Original PDF file:
SPE0-966912185-20190327112214553191_._US_TM_Spec2_1320_0005_TM.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-966912185-20190327112214553191_._US_TM_Spec3_1320_0005_TM.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 037:  Custom fabrication of industrial platforms, ladder cages, deck barges, industrial site bridges, storage boxes, work boats, fixed pipe supports, adjustable pipe supports, pipe casing clamps and skids, all fabricated from metal

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 02/01/2017, and first used in commerce at least as early as 02/01/2018, 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) screen shots from applicant's website at www.xpsfabrication.com, photograph of custom-fabricated block for a pipe stand,.

Original PDF file:
SPE0-1-966912185-20190327112214553191_._US_TM_Spec1_1320_0005_TM.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Original PDF file:
SPE0-1-966912185-20190327112214553191_._US_TM_Spec2_1320_0005_TM.pdf
Converted PDF file(s) (1 page)
Specimen File1


For informational purposes only, applicant's website address is: www.xpsfabrication.com

The applicant's current Attorney Information:
      Peter L. Brewer and Ben Klosowski, Esq. of Thrive IP
      Gettysvue Center
      8903 Linksvue Drive
      Knoxville, Tennessee 37922
      United States
      865-224-8555(phone)
      pbrewer@thrive-ip.com (authorized)
The attorney docket/reference number is 1320.0005-TM.

The applicant's current Correspondence Information:

Peter L. Brewer

Thrive IP

Gettysvue Center       8903 Linksvue Drive

Knoxville, Tennessee 37922

865-224-8555(phone)

pbrewer@thrive-ip.com;mary.bryant@thrive-ip.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 $550 has been submitted with the application, representing payment for 2 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: /Christopher Comalander /   Date: 03/27/2019
Signatory's Name: Christopher R. Comalander
Signatory's Position: Managing Member
Payment Sale Number: 88359054
Payment Accounting Date: 03/28/2019

Serial Number: 88359054
Internet Transmission Date: Wed Mar 27 13:55:08 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190327135508811
700-88359054-620ddf4aa961673a78e9d53436d
151a2f1a16e770c317e6ebd19b87f19099c276d-
CC-177-20190327112214553191