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: 88665622

Filing Date: 10/23/2019

To the Commissioner for Trademarks:

MARK: BLACK DIAMOND (stylized and/or with design, see below )

The literal element of the mark consists of BLACK DIAMOND. The color(s) black is/are claimed as a feature of the mark. The mark consists of a black background in the shape of a horizontal panel containing the words BLACK and DIAMOND in block letters, each word positioned between two horizontal lines, and separated by a diamond containing a black border and a black square center.
The applicant, J.M. Lahman Manufacturing Inc., a corporation of Canada, having an address of
      5467 Ament Line
      Linwood, Ontario N0B2A0
      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 006:  Steel and galvanized steel gates and fences; steel and galvanized steel fence panels; steel and galvanized steel feeders and feeding troughs for livestock and horses and panels therefor; metal hardware and accessories, namely, hinges, latches, latch handles, bolt-on wheels, ferrules, pins, connecting rods, and bolt-on gate supports.
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 1989739, filed 10/10/2019.
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 hereby appoints Deborah Peckham. Other appointed attorneys are D. Michael Bean (of Michael Bean Trademark & Copyright Law, 97 Frederick Street, Kitchener, Ontario, Canada, N2H 2L5). Deborah Peckham of Burns & Levinson 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
      125 High Street
      Boston, Massachusetts 02110-1624
      United States
      617-345-3000(phone)
      617-345-3299(fax)
      dpeckham@burnslev.com (authorized).
The attorney docket/reference number is JML002US.
Deborah Peckham 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:

Deborah Peckham

Burns & Levinson LLP

125 High Street

Boston, Massachusetts 02110-1624

617-345-3000(phone)

617-345-3299(fax)

dpeckham@burnslev.com; michael@michaelbeantrademarks.com; beth@michaelbeantrademarks.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

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT17\IMAGEOUT17\886\656\88665622\xml1\RFA0003.JPG



Signatory's Name: Tim Zehr
Signatory's Position: Controller
Payment Sale Number: 88665622
Payment Accounting Date: 10/23/2019

Serial Number: 88665622
Internet Transmission Date: Wed Oct 23 15:18:29 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-201910231518290887
52-88665622-610f19f2495214f4062b658f589d
c9a315e52ccd1f3cb90ccccfce70cf78-CC-1828
0984-20191023151421131028