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: 88383067

Filing Date: 04/12/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant is not claiming color as a feature of the mark. The mark consists of a three dimensional pattern of repeating square cavities that comprises the product configuration. The diagonal lines and the two front lower edges of the drawing are not part of the mark and are intended only to help show the three dimensionality of the mark.
The applicant, Schluter Systems, LP, a limited partnership legally organized under the laws of New York, comprising of S. Systems, Inc., a Delaware corporation, having an address of
      194 Pleasant Ridge Road
      Plattsburgh, New York 12901-5841
      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:

       International Class 019:  underlayments for securing tiles on walls and floors

In International Class 019, 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 10/30/2000, and first used in commerce at least as early as 10/30/2000, 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) a photograph of the goods on packaging for the goods.
Specimen File1



The applicant's current Attorney Information:
      Keith Barritt and Timothy A. French, Mannu Harnal, Nancy Ly, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr, Michelle O. Parsons, Russell N. Rippamonti, Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Lisa Greenwald-Swire, and Cynthia Johnson Walden of Fish & Richardson P.C.      P.O Box 1022
      Minneapolis, Minnesota 55440-1022
      United States
      202-783-5070(phone)
      877-769-7945(fax)
      tmdoctc@fr.com (authorized)
The attorney docket/reference number is 369020010001.

The applicant's current Correspondence Information:

Keith Barritt

Fish & Richardson P.C.

P.O Box 1022

Minneapolis, Minnesota 55440-1022

202-783-5070(phone)

877-769-7945(fax)

tmdoctc@fr.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 $275 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: /Keith Barritt/   Date: 04/12/2019
Signatory's Name: Keith Barritt
Signatory's Position: attorney for applicant, Virginia bar member
Payment Sale Number: 88383067
Payment Accounting Date: 04/12/2019

Serial Number: 88383067
Internet Transmission Date: Fri Apr 12 11:22:56 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190412112256878
161-88383067-62073e0bf99b8eaec7d057a35d1
b68d4f4ad1698834bcad8eb71939a8e92b2c3-DA
-14321-20190412104410087790