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: 88738418

Filing Date: 12/24/2019

To the Commissioner for Trademarks:

MARK: Nakamura MAGIC (stylized and/or with design, see mark)
The literal element of the mark consists of Nakamura MAGIC. The color(s) black and blue is/are claimed as a feature of the mark. The mark consists of the word Nakamura in black letters above the word MAGIC in black letters, with a first portion of the letter M of the word MAGIC appearing as three blue lines, and where background color is not part of the mark.
The applicant, Nakamura Mfg. Co., Ltd., a corporation of Japan, having an address of
      493-1, Mikka-machi, Oaza, Minowa-machi,
      Kamiina-gun, Nagano 399-4603
      Japan
      732-634-7634 x3(phone)
      732-634-6887(fax)
      mdernier@gdiplaw.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 040:  metal cutting, metal machining, metal punching, metal casting and other metal treating, providing information concerning metal treating, rental of machines and apparatus for metal treating, providing information concerning rental of machines and apparatus for metal treating, custom manufacturing of metal article or its parts, consultancy for metal treating
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 Japan application number 2019-101641, filed 07/26/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.





The applicant hereby appoints Matthew B. Dernier. Matthew B. Dernier of Dernier IP Law, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      PMB 1469
      89 Headquarters Plaza North
      Morristown, New Jersey 07960
      United States
      732-634-7634 x3(phone)
      732-634-6887(fax)
      mdernier@gdiplaw.com (authorized).
The attorney docket/reference number is 770-14.
Matthew B. Dernier 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:

Matthew B. Dernier

Dernier IP Law, LLC

PMB 1469       89 Headquarters Plaza North

Morristown, New Jersey 07960

732-634-7634 x3(phone)

732-634-6887(fax)

mdernier@gdiplaw.com; info@gdiplaw.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: /Matthew B. Dernier/   Date: 12/24/2019
Signatory's Name: Matthew B. Dernier
Signatory's Position: Attorney of Record
Payment Sale Number: 88738418
Payment Accounting Date: 12/26/2019

Serial Number: 88738418
Internet Transmission Date: Tue Dec 24 09:15:45 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201912240915451
24960-88738418-700c688c35f68fc885238e4c2
88a26229ba5ebc24b3372bfb90b5d08e80413b9-
CC-15435346-20191224082757705227