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: 88479451

Filing Date: 06/19/2019

To the Commissioner for Trademarks:

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

The applicant, Exal Corporation, a corporation of Ohio, having an address of
      One Performance Place
      Youngstown, Ohio 44502
      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 006:  aluminum beverage containers sold empty; aluminum aerosol containers sold empty; metal aerosol cans sold empty; metal aerosol containers sold empty; metal containers for compressed gas or liquid air; metal closures for containers; metal tops for liquid and food containers; bottle closures of metal; metal cans sold empty; metal containers sold empty for the packaging, storage and transport of goods; metal cans for liquids and food sold empty; metal containers for liquids and food sold empty; aluminum beverage cans
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 040:  aluminum and steel container manufacturing services for others; manufacturing services for others of metal cans and containers and metal can and container closures; custom manufacturing in the field of metal and aerosol cans; custom manufacturing of metal cans and containers, aerosol cans and metal can and container closures; custom manufacturing of metal and aerosol cans with graphics; custom construction of aluminum cans and containers and food and beverage cans and containers
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


The applicant's current Attorney Information:
      Susan E. Clady and Mark Avsec, Kristopher Chandler, Alison Evans, Julie Fenstermaker, Thomas Kendrick, Benjamen Kern, Thomas Kern, Amanda Miller, Risto Pribisich, Raymond Russell, Stephen Scanlon, Helen Schweitz, Katherine Smith, and Michael Stovsky of Benesch Friedlander Coplan & Aronoff LLP
      Suite 2300
      200 Public Square
      Cleveland, Ohio 44114
      United States
      216-363-4152(phone)
      216-363-4588(fax)
      trademark@beneschlaw.com (authorized)
The attorney docket/reference number is 39999-00034.

The applicant's current Correspondence Information:

Susan E. Clady

Benesch Friedlander Coplan & Aronoff LLP

Suite 2300       200 Public Square

Cleveland, Ohio 44114

216-363-4152(phone)

216-363-4588(fax)

trademark@beneschlaw.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: /Matthew Bobbey/   Date: 06/19/2019
Signatory's Name: Matthew Bobbey
Signatory's Position: Chief Financial Officer
Payment Sale Number: 88479451
Payment Accounting Date: 06/19/2019

Serial Number: 88479451
Internet Transmission Date: Wed Jun 19 10:03:38 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201906191003380
62406-88479451-620bd68386909dee89218a592
a46f33019573140afdd101a6efe6fdb57ef1e8fb
-CC-9312-20190618100105330797