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: 88757030

Filing Date: 01/13/2020

To the Commissioner for Trademarks:

MARK: PROSTACK (Standard Characters, see mark)
The literal element of the mark consists of PROSTACK. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Terex GB Limited, a private limited company legally organized under the laws of United Kingdom, having an address of
      200 Coalisland Road, County Tyrone
      Dungannon BT714DR
      Northern Ireland

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:  Conveying machines, namely semi-mobile conveying machines; mobile conveying machines; static conveying machines, anti-static conveying machines; tracked conveying machines; wheeled conveying machines; bulk material conveying machines; and replacement parts for the aforementioned goods.
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 United Kingdom application number 00003457465, filed 01/13/2020.
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 Erica D. Klein. Other appointed attorneys are Robyn S. Lederman, Elizabeth F. Janda, Maria F. Angileri, Mark A. Cantor, Hope V. Shovein, Molly Mack Crandall, Amy C. Leshan, Chanille Carswell and Robert C.J. Tuttle. Erica D. Klein of Brooks Kushman P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      22nd Floor
      1000 Town Center
      Southfield, Michigan 48075
      United States
      248-358-4400(phone)
      248-358-3351(fax)
      bktm@brookskushman.com (authorized).
The attorney docket/reference number is TERT0734TUS.
Erica D. Klein 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:

Erica D. Klein

Brooks Kushman P.C.

22nd Floor       1000 Town Center

Southfield, Michigan 48075

248-358-4400(phone)

248-358-3351(fax)

bktm@brookskushman.com; eklein@brookskushman.com; lnikkila@brookskushman.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: /Erica D. Klein/   Date: 01/13/2020
Signatory's Name: Erica D. Klein
Signatory's Position: Attorney of record, New York Bar member
Payment Sale Number: 88757030
Payment Accounting Date: 01/13/2020

Serial Number: 88757030
Internet Transmission Date: Mon Jan 13 16:17:41 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020011316174103
3896-88757030-700fdab3578ebac5886a7dad55
985934c8bbceff2ca7c49609e4392a04b69f9a0-
DA-17402729-20200113142828685721