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: 88728916

Filing Date: 12/16/2019

To the Commissioner for Trademarks:

MARK: BOYD (Standard Characters, see mark)
The literal element of the mark consists of BOYD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Boyd Aluminum Manufacturing Company, a corporation of Missouri, having an address of
      3248 East Division
      Springfield, Missouri 65802
      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 006:  metal curtain walls; Building curtain walls made primarily of metal

In International Class 006, 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 02/26/2019, and first used in commerce at least as early as 05/31/2019, 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) photographs of the mark in use on the goods and in displays associated with the goods at the point of sale.

Original PDF file:
SPE0-6955140111-20191210125222804595_._specimens.pdf
Converted PDF file(s) (13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13

International Class 006:  store front systems of metal primarily comprised of metal-frame windows and doors for constructing a store front

In International Class 006, 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 04/30/2014, and first used in commerce at least as early as 10/30/2014, 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) photographs of the mark in use on the goods and in displays associated with the goods at the point of sale.

Original PDF file:
SPE0-1-6955140111-20191210125222804595_._specimens.pdf
Converted PDF file(s) (13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13

International Class 006:  Awnings of metal; exterior sunshades of metal

In International Class 006, 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 07/15/2012, and first used in commerce at least as early as 07/15/2012, 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) photographs of the mark in use on the goods and on displays associated with the goods at the point of sale.

Original PDF file:
SPE0-6963112180-20191210125222804595_._specimens.pdf
Converted PDF file(s) (13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4302383 and 5721246.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4302383 and 5721246.

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 James H. Jeffries. Other appointed attorneys are James H. Jeffries. James H. Jeffries of Kutak Rock 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
      300 S. John Q. Hammons Parkway, Ste 800
      Springfield, Missouri 65806
      United States
      417-755-7213(phone)
      trademarks.jeffries@kutakrock.com (authorized).
The attorney docket/reference number is 1424-4.
James H. Jeffries 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:

James H. Jeffries

Kutak Rock LLP

300 S. John Q. Hammons Parkway, Ste 800

Springfield, Missouri 65806

417-755-7213(phone)

trademarks.jeffries@kutakrock.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: /James H. Jeffries/   Date: 12/16/2019
Signatory's Name: James H. Jeffries
Signatory's Position: Attorney of record, Missouri Bar Member
Payment Sale Number: 88728916
Payment Accounting Date: 12/16/2019

Serial Number: 88728916
Internet Transmission Date: Mon Dec 16 16:06:13 EST 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019121616061377
7129-88728916-7002ad7efd6bce444cfb12103d
6255568ebad9ecd1f917d1ccebb074ae1c506427
-CC-06120697-20191216155150610150