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: 88549921

Filing Date: 07/30/2019

To the Commissioner for Trademarks:

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

The applicant, DURABOND PRODUCTS LIMITED, a limited company (ltd.) legally organized under the laws of Canada, having an address of
      55 Underwriters Road
      Scarborough, Ontario M1R3B4
      Canada

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 _______: Epoxy, polyurethane, acrylic and related chemical resin based coatings and systems for coating and protecting concrete, steel, wood and other similar construction and material substrates; coatings and systems for waterproofing, beautifying, protecting, dissipating, strengthening, fortifying, hardening, sealing, penetrating, coating, adhering, bonding, promoting longevity, increasing functional use, renewing, promoting ergonomic function, protection from bacteria, creating seamless surfaces, adding colour, and for decorating; admixtures, adhesives, cement blends and grouts for use in the construction industry; admixtures, adhesives, cement blends and grouts for fortifying, strengthening, bonding, hardening and advancing of various construction materials; coatings, systems, mixtures, adhesives, compositions and preparations; waterproofing chemical compositions for concrete and other building construction surfaces, including kits comprised of the components of the aforementioned chemical compositions for mixing by the user prior to use; epoxy coatings and urethane coatings for use on exterior floors, and for use on interior floors, namely, concrete industrial floors, concrete commercial floors and concrete residential floors, including kits comprised of the components of the aforementioned coatings for mixing by the user prior to use; cementitious urethanes for waterproofing floors and protecting concrete slabs below floors, including kits comprised of the components of the aforementioned waterproofing for mixing by the user prior to use
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1943574, filed 01/30/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      David A.W. Wong and all other attorneys of Barnes & Thornburg LLP      11 South Meridian Street
      Indianapolis, Indiana 46204
      United States
      317-236-1313(phone)
      317-231-7433(fax)
      dwong@btlaw.com (authorized)
The attorney docket/reference number is 79905-298053.

The applicant's current Correspondence Information:

David A.W. Wong

Barnes & Thornburg LLP

11 South Meridian Street

Indianapolis, Indiana 46204

317-236-1313(phone)

317-231-7433(fax)

dwong@btlaw.com;TMINDocket@btlaw.com; cbrinson@btlaw.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: /dwong/   Date: 07/30/2019
Signatory's Name: David A.W. Wong
Signatory's Position: Attorney of Law, Indiana State Bar Member
Payment Sale Number: 88549921
Payment Accounting Date: 07/30/2019

Serial Number: 88549921
Internet Transmission Date: Tue Jul 30 12:32:35 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019073012323540
8482-88549921-620188c6b3be8a89584895a68e
7f7c40c39edfdd77f2a73db6ab16ac03b6318a-C
C-32331793-20190730091445315270