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: 88604071

Filing Date: 09/04/2019

To the Commissioner for Trademarks:

MARK: FLEXPOD (Standard Characters, see mark)
The literal element of the mark consists of FLEXPOD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, WINPAK LTD., a corporation of Canada, having an address of
      100 Saulteaux Crescent
      Winnipeg, Manitoba R3J3T3
      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 007:  machines for forming and filling packages and containers; packaging systems comprised of machines for forming and filling packages and containers, machines for filling packages and containers, flexible film for packaging, semi-rigid plastic film for packaging, semi-rigid plastic and paper packaging for food, pharmaceuticals and liquids, rigid plastic and paper sheets for packaging, packaging materials made from paper, rigid plastic packaging, rigid paper packaging, cups, trays and containers for food, liquids, pet food, beverages, pharmaceuticals, healthcare related products, and industrial applications
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 1980024, filed 08/09/2019.
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.


International Class 016:  rigid plastic and paper sheets for packaging
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 1980024, filed 08/09/2019.
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.


International Class 017:  flexible packaging materials made from synthetic films; packaging materials made from paper; semi-rigid plastic film for packaging; semi-rigid plastic and paper packaging for food, pharmaceuticals, and liquids
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 1980024, filed 08/09/2019.
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.


International Class 020:  rigid plastic packaging, rigid paper packaging, cups, trays and containers for food, liquids, pet food, beverages, pharmaceuticals, healthcare related products, and industrial applications
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 1980024, filed 08/09/2019.
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.


International Class 040:  custom fabrication of rigid plastic and paper sheets for packaging, and of rigid plastic packaging, rigid paper packaging, cups, trays and containers for food, liquids, pet food, beverages, pharmaceuticals, healthcare related products, and industrial applications, of flexible packaging materials made from synthetic films, of packaging materials made from paper, of semi-rigid plastic film for packaging and of semi-rigid plastic and paper packaging for others
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 1980024, filed 08/09/2019.
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.



Miscellaneous Statement
You are directed and authorized to charge or credit any difference or overpayment to our Deposit Account No. 19-4880


The applicant hereby appoints GABRIELLE S. ROTH. Other appointed attorneys are Gary D. Krugman, Kevin G. Smith, Leigh Ann Lindquist, Jody H. Drake and Stephanie K. Wade. GABRIELLE S. ROTH of SUGHRUE MION, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON, District of Columbia 20006
      United States
      202-293-7060(phone)
      202-293-7860(fax)
      tm@sughrue.com (authorized).
The attorney docket/reference number is S4320022.
GABRIELLE S. ROTH 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 hereby appoints GABRIELLE S. ROTH of SUGHRUE MION, PLLC
      2000 PENNSYLVANIA AVENUE, N.W.
      WASHINGTON District of Columbia 20006
      United States
      202-293-7060(phone)
      202-293-7860(fax)
      tm@sughrue.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

GABRIELLE S. ROTH

SUGHRUE MION, PLLC

2000 PENNSYLVANIA AVENUE, N.W.

WASHINGTON, District of Columbia 20006

202-293-7060(phone)

202-293-7860(fax)

tm@sughrue.com; groth@sughrue.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 $1375 has been submitted with the application, representing payment for 5 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: /Gabrielle S. Roth/   Date: 09/04/2019
Signatory's Name: Gabrielle S. Roth
Signatory's Position: Attorney of record - DC Bar member
Payment Sale Number: 88604071
Payment Accounting Date: 09/04/2019

Serial Number: 88604071
Internet Transmission Date: Wed Sep 04 15:04:35 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20190904150435447
519-88604071-610c61cfaa536e53eb8a13432b6
4aa8df1d7d77385e5cf13e4ba84ab6a73aac6e6f
-CC-04340992-20190904090454612065