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: 88791683

Filing Date: 02/10/2020

To the Commissioner for Trademarks:

MARK: EAGLE (Standard Characters, see mark)
The literal element of the mark consists of EAGLE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Eagle Machinery & Supply, Inc., a corporation of Ohio, having an address of
      422 Dutch Valley Drive, NE
      Cuyahoga Falls, Ohio 44681-7517
      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 007:  Industrial equipment for processing, defecting and dimensioning of lumber, namely, optimizing rip saws, optimizing crosscut saws, planers, sanders, lumber distressing and chatter machines, belt and chain transfer units, manufacturing lines for feeding and sizing lumber, work stations for sizing lumber and locating and removing imperfections in lumber, feeding and stacking equipment for lumber, and conveyors

In International Class 007, 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 01/31/2004, and first used in commerce at least as early as 01/31/2004, 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) a digital photograph of the mark as it appears on a product label for the goods.
Specimen File1
Specimen File2

International Class 009:  Lumber grading machines; automated lumber scanners and manufacturing lines for grading lumber; work stations for grading lumber

In International Class 009, 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 01/31/2004, and first used in commerce at least as early as 01/31/2004, 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) a digital photograph of the mark as it appears on a product label for the goods.
Specimen File1
Specimen File2

International Class 037:  Repair, maintenance and installation of custom-designed industrial equipment for processing lumber, namely, rip saws, crosscut saws, planers, and sanders, lumber distressing and chatter machines, belt and chain transfer units, manufacturing lines for feeding, grading, and sizing lumber, work stations for sizing and grading lumber and locating and removing imperfections in lumber, feeding and stacking equipment for lumber, and conveyors; repair, maintenance and installation of industrial equipment for breaking down lumber, namely, rip saws, chop saws, planers, and sanders, chatter machines, green chain transfer units, manufacturing lines for feeding, grading, and sizing lumber, work stations for sizing and grading lumber and locating and removing imperfections in lumber, feeding and stacking equipment for lumber, and conveyors for others

In International Class 037, 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 01/31/2004, and first used in commerce at least as early as 01/31/2004, 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) the printed version of the Applicant's website showing use of the mark in association with services offered.

Original PDF file:
SPE0-698435233-20200210094055555329_._2170008US1AT_-_SPECIMEN_3.pdf
Converted PDF file(s) (12 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



The applicant hereby appoints Joseph A. Sebolt. Other appointed attorneys are Howard L. Wernow, Laura L. Beoglos, Joseph L. Powell, Andrew S. Curfman. Joseph A. Sebolt of Sand, Sebolt & Wernow Co., LPA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Aegis Tower, Suite 1100
      4940 Munson Street, NW
      Canton, Ohio 44718-3615
      United States
      330-244-1174(phone)
      330-244-1173(fax)
      docket@sswip.com (authorized).
The attorney docket/reference number is 2170008US1AT.
Joseph A. Sebolt 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:

Joseph A. Sebolt

Sand, Sebolt & Wernow Co., LPA

Aegis Tower, Suite 1100       4940 Munson Street, NW

Canton, Ohio 44718-3615

330-244-1174(phone)

330-244-1173(fax)

docket@sswip.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 $825 has been submitted with the application, representing payment for 3 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: /Joseph A. Sebolt/   Date: 02/10/2020
Signatory's Name: Joseph A. Sebolt
Signatory's Position: Attorney of record, Ohio bar member
Payment Sale Number: 88791683
Payment Accounting Date: 02/10/2020

Serial Number: 88791683
Internet Transmission Date: Mon Feb 10 16:57:48 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200210165748618
887-88791683-700ef9f57d4e94576a5a145baf9
5a66b43b584d7ecef09c696c2428c63502f-CC-5
7471188-20200210094055555329