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: 88400010

Filing Date: 04/24/2019

To the Commissioner for Trademarks:

MARK: PODCAST Let's Talk Shop by Produced by SMACNA (stylized and/or with design, see mark)

The mark in your application is PODCAST Let's Talk Shop by Produced by SMACNA.
The color(s) red, white and blue is/are claimed as a feature of the mark. The mark consists of the words "PODCAST Let's Talk Shop Produced by SMACNA" with the o in shop appearing as 3 3-quarter circles getting larger, and the phrase appearing in white inside of a blue conversation bubble surrounded by white with a red border.
The applicant, Sheet Metal and Air Conditioning Contractors' National Association, Inc., AKA SMACNA, a corporation of New York, having an address of
      4201 Lafayette Center Drive
      Chantilly, Virginia 22021-1209
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 009:  Downloadable podcasts in the field of sheet metal contracting

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 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2019, and first used in commerce at least as early as 01/01/2019, 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) The specimen consists of the mark being used by the applicant on their website advertising the services..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 035:  Association services, namely, promoting the interests of the sheet metal and air conditioning industry.

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 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2019, and first used in commerce at least as early as 01/01/2019, 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) The specimen consists of the mark being used by the applicant on their website advertising the services..
Specimen File1



Miscellaneous Statement
The applicant is the owner of the SMACNA mark, registration number 2001413.

For informational purposes only, applicant's website address is: www.smacna.org
The applicant's current Attorney Information:
      Jennifer A. Forbes and Daniel R. Kelly of Felhaber Larson      220 South Sixth Street, Suite 2200
      Minneapolis, Minnesota 55402
      United States
      jforbes@felhaber.com (authorized)
The attorney docket/reference number is 1064.77.

The applicant's current Correspondence Information:

Jennifer A. Forbes

Felhaber Larson

220 South Sixth Street, Suite 2200

Minneapolis, Minnesota 55402

jforbes@felhaber.com;jclark@felhaber.com; tcinker@felhaber.com; dkelly@felhaber.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 $450 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: /Jennifer A. Forbes/   Date: 04/24/2019
Signatory's Name: Jennifer A. Forbes
Signatory's Position: Attorney of Record, Minnesota Bar Member
Payment Sale Number: 88400010
Payment Accounting Date: 04/24/2019

Serial Number: 88400010
Internet Transmission Date: Wed Apr 24 12:30:30 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201904241230307224
81-88400010-6209032da92d5e083e642d87cba5
f228edda7dcb9197d88c76f48bbda8750d8a6-DA
-14870-20190424121712038965