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: 88601913

Filing Date: 09/03/2019

To the Commissioner for Trademarks:

MARK: FORNEY VAULT (stylized and/or with design, see mark)
The literal element of the mark consists of FORNEY VAULT. The applicant is not claiming color as a feature of the mark. The mark consists of the word "FORNEY" above the word "vault" with lines partially surrounding the words.
The applicant, Forney LP, a limited partnership legally organized under the laws of Pennsylvania, comprising of Seven Fields LLC, a limited liability company organized under the laws of Pennsylvania, having an address of
      Jackson's Pointe Commerce Park, Bdg 2000
      2050 Jackson's Pointe Court
      Zelienople, Pennsylvania 16063
      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 009:  Computer software for use in operating testing machines for construction materials, namely, machines that determine the strength and related characteristics of concrete, soils, asphalt, aggregates, reinforcing bars and components thereof
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 042:  Providing temporary use of on-line non-downloadable cloud computing software for use in electronic storage of data obtained from testing machines, namely, machines that determine the strength and related characteristics of concrete, soils, asphalt, aggregates, reinforcing bars and components thereof; providing temporary use of on-line nondownloadable cloud computing software for use in analysis of data from testing machines, namely, machines that determine the strength and related characteristics of concrete, soils, asphalt, aggregates, reinforcing bars and components thereof
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5381158.


The applicant hereby appoints Candace Lynn Bell. Candace Lynn Bell of Eckert Seamans Cherin & Mellott, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      The Carriage House
      91 Jewett Parkway
      Buffalo, New York 14214
      United States
      716-835-0240(phone)
      412-566-6099(fax)
      ipmail@eckertseamans.com (authorized).
The attorney docket/reference number is 284729-00014.
Candace Lynn Bell submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Candace Lynn Bell

Eckert Seamans Cherin & Mellott, LLC

The Carriage House       91 Jewett Parkway

Buffalo, New York 14214

716-835-0240(phone)

412-566-6099(fax)

ipmail@eckertseamans.com; cbell@eckertseamans.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 $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: /Jeff Dziki/   Date: 09/03/2019
Signatory's Name: Jeff P. Dziki
Signatory's Position: President, Seven Fields LLC, General Partner of Forney LP
Payment Sale Number: 88601913
Payment Accounting Date: 09/03/2019

Serial Number: 88601913
Internet Transmission Date: Tue Sep 03 10:08:18 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201909031008188
03300-88601913-610d0472fcd4cf2daf911e271
12cb6abbaaab60d92f1277e63d52cd56ed4297f9
9-CC-08170508-20190828105927630083