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: 88388242

Filing Date: 04/16/2019

To the Commissioner for Trademarks:

MARK: Criterion (Standard Characters, see mark)
The mark in your application is Criterion.


The applicant, Menard, Inc., a corporation of Wisconsin, having an address of
      5101 Menard Drive
      Eau Claire, Wisconsin 54703
      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 011:  Range hoods

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 011, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/09/2019, and first used in commerce at least as early as 04/09/2019, 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) Specimen is a photograph of the mark as displayed on the product..
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4617490 and 5453654.


The applicant's current Attorney Information:
      Charles J. Meyer and John V. Moriarty; John C. McNett; Thomas Q. Henry; James M. Durlacher; Charles R. Reeves; Vincent O. Wagner; Steve Zlatos; Spiro Bereveskos; Daniel J. Lueders; Kenneth A. Gandy; Timothy N. Thomas; Charles J. Meyer; Lisa A. Hiday; Christopher A. Brown; Charles P. Schmal; Quentin G. Cantrell; Marta L. Paul; Elizabeth A. Shuster; William A. McKenna; James R. Blaufuss; Michael M. Morris; Jeremy J. Gustrowsky; Matthew M. Gardlik; Joshua P. Astin; Andrew M. Nevill; Blake R. Hartz; Brian W. Arndt of Menard, Inc.; Elizabeth M. Samb of Menard, Inc.; Tracey Wall of Menard, Inc., and Mike O'Brien of Menard, Inc. of WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP      111 Monument Circle, Suite 3700
      Indianapolis, Indiana 46204
      United States
      317-634-3456(phone)
      (317) 637-7561(fax)
      docketdept@uspatent.com (authorized)
The attorney docket/reference number is 34395-512.

The applicant's current Correspondence Information:

Charles J. Meyer

WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP

111 Monument Circle, Suite 3700

Indianapolis, Indiana 46204

317-634-3456(phone)

(317) 637-7561(fax)

docketdept@uspatent.com;dsneed@uspatent.com; cjmeyer@uspatent.com; barndt@menard-inc.com; twall@menard-inc.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: /Tracey L. Wall/   Date: 04/16/2019
Signatory's Name: Tracey L. Wall
Signatory's Position: Authorized Signatory of Owner, Corporate Counsel
Payment Sale Number: 88388242
Payment Accounting Date: 04/17/2019

Serial Number: 88388242
Internet Transmission Date: Tue Apr 16 16:01:28 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XX-201904161601287
15767-88388242-620dab9e4ed5e55d7efb84e14
07bf2d8ff32f0490ae73f04da750ed643f79bfe4
-DA-2710-20190416155157658372