TEAS Plus 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

TEAS Plus Application

Serial Number: 88380013

Filing Date: 04/10/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) blue is/are claimed as a feature of the mark. The mark consists of the color blue as used on the tray of a wheelbarrow. The dotted outline of the goods is intended to show the position of the mark and is not part of the mark as shown.
The applicant, The AMES Companies, Inc., a corporation of Delaware, having an address of
      465 Railroad Avenue
      Camp Hill, Pennsylvania 17011
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 012:  Wheelbarrows

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 012, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/1969, and first used in commerce at least as early as 06/01/1969, 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) photo showing use of mark.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3292442.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's 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.


The applicant's current Attorney Information:
      Robyn S. Lederman and Mark A. Cantor, Elizabeth F. Janda, Hope V. Shovein, Robyn S. Lederman, Anna K. Robinson, Chanille Carswell, Amy C. Leshan, Maria F. Angileri, Jennifer K. Ziegler, Robert C.J. Tuttle, Rebecca Cantor, Erica D. Klein of Brooks Kushman P.C.      1000 Town Center, 22nd Floor
      Southfield, Michigan 48075
      United States
      248-358-4400(phone)
      248-358-3351(fax)
      trademarks@brookskushman.com (authorized)
The attorney docket/reference number is AMST0162TUSA.

The applicant's current Correspondence Information:

Robyn S. Lederman

Brooks Kushman P.C.

1000 Town Center, 22nd Floor

Southfield, Michigan 48075

248-358-4400(phone)

248-358-3351(fax)

trademarks@brookskushman.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 has been submitted with the application, representing payment for 1 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: /rlederman/   Date: 04/10/2019
Signatory's Name: Robyn S. Lederman
Signatory's Position: Attorney of Record, Michigan and New York Bar Member
Signatory's Phone Number: 248-358-4400
Payment Sale Number: 88380013
Payment Accounting Date: 04/11/2019

Serial Number: 88380013
Internet Transmission Date: Wed Apr 10 16:14:06 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2019041016140683
4824-88380013-62061c7efe08310cad26d7b4bd
15b9cbe2f85ce6ac7f4e824e4dc6b8df94ed3e-D
A-3083-20190410151544644356