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)

---

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: 88579040

Filing Date: 08/14/2019

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 configuration of a dehydrator lid handle. The lid, a dial on the handle, dehydrator trays, and a dehydrator base shown in broken lines serve to show positioning of the mark and form no part of the mark.
The applicant, The Metal Ware Corporation, a corporation of Wisconsin, having an address of
      1700 Monroe St
      Two Rivers, Wisconsin 54241
      United States
      612-677-9050(phone)
      612-359-9349(fax)
      docketing@stwiplaw.com

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 011:  Electric dehydrators

In International Class 011, 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 12/00/1999, and first used in commerce at least as early as 12/00/1999, 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) screen shot of the dehydrator as used today.
Specimen File1
Specimen File2
Specimen File3



SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant hereby appoints Michael T. Hess. Other appointed attorneys are Glenn M. Seager, Brian N. Tufte, J. Scot Wickhem, Jason W. Burgmaier, Steven A. McAuley, Mark R. Schroeder, Kristina M. Foudray. Michael T. Hess of Seager, Tufte & Wickhem LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      100 South 5th Street, Suite 600
      Minneapolis, Minnesota 55402
      United States
      612-677-9050(phone)
      612-359-9349(fax)
      docketing@stwiplaw.com (authorized).
The attorney docket/reference number is 1381.4036101.
Michael T. Hess submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

Michael T. Hess

Seager, Tufte & Wickhem LLP

100 South 5th Street, Suite 600

Minneapolis, Minnesota 55402

612-677-9050(phone)

612-359-9349(fax)

docketing@stwiplaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /michael t. hess/   Date: 08/14/2019
Signatory's Name: Michael T. Hess
Signatory's Position: Attorney of Record, MN State Bar Member
Payment Sale Number: 88579040
Payment Accounting Date: 08/14/2019

Serial Number: 88579040
Internet Transmission Date: Wed Aug 14 17:08:06 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190814170806
005316-88579040-610fcdb3c1edd8eb6aef4513
7cd9eef5f5ecaa9473cc7e53e845739c7c2cff85
3ff-DA-08058357-20190814164306341970