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: 88792419

Filing Date: 02/11/2020

To the Commissioner for Trademarks:

MARK: Wiha zu Hause (stylized and/or with design, see mark)
The literal element of the mark consists of Wiha zu Hause. The applicant is not claiming color as a feature of the mark. The mark consists of the word Wiha inside of an octagon with white borders against a black background and the words zu Hause inside of a rectangle against a white background and black borders.
The applicant, Wiha Werkzeuge GmbH, a corporation of Germany, having an address of
      Obertalstrasse 3-7
      Schonach 78136
      Germany
      troymailroom@hdp.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 007:  Machines, namely machine tools; Bits and holders for bits for tools used in machines, and screw grips for these tools and slot boxes in the form of screw grips for these parts; Electrically operated and motorised hand tools, in particular drilling screws, Drills, electrically powered screwdrivers, Power saws, Jig saws, Abrasive tools and Angle grinders; Mechanical tools; Rotary tools (parts of machines); Handles being parts of mechanical and power operated and motor driven tools and hand tools; Air pumps; Steam traps and high pressure washers, in particular electric high pressure washers.
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 European Union Trademark - EUTM application number 018110662, filed 08/20/2019.
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.


International Class 008:  Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance.
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 European Union Trademark - EUTM application number 018110662, filed 08/20/2019.
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.


International Class 009:  Single pole and dual pole electric current testers, In particular non-contact voltage testers; Tools for length measurements, in particular vernier calipers and rules; Length measuring apparatus of plastic, rules, folding rules, telescopic rules; Scale attachments being parts or accessories (included in class 9) for measuring instruments; Slide calipers, dial gauges, dial gauge apparatus, length measuring apparatus with scales and/or electronic digital displays; Surveying instruments, angles being goniometers and angle gauges, measuring protractors, spirit levels, plane tables and measurement gauges being accessories (included in class 9) for measuring instruments, namely for holding measuring instruments and hand-operated measuring instruments; Electric and mechanical torque testing and measuring apparatus; Electric torque calculation tools.
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 European Union Trademark - EUTM application number 018110662, filed 08/20/2019.
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 Stephen T. Olson. Other appointed attorneys are Any and all attorneys affiliated with Harness, Dickey & Pierce, P.L.C.. Stephen T. Olson of Harness, Dickey & Pierce, P.L.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
      Suite 200
      5445 Corporate Drive
      Troy, Michigan 48098
      United States
      248-641-1600(phone)
      248-641-0270(fax)
      troymailroom@hdp.com (authorized).
The attorney docket/reference number is 2693-200286.
Stephen T. Olson 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:

Stephen T. Olson

Harness, Dickey & Pierce, P.L.C.

Suite 200       5445 Corporate Drive

Troy, Michigan 48098

248-641-1600(phone)

248-641-0270(fax)

troymailroom@hdp.com; stolson@hdp.com; kgaliotti@hdp.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: /Stephen T. Olson/   Date: 02/11/2020
Signatory's Name: Stephen T. Olson
Signatory's Position: Attorney for Applicant, Michigan Bar Member
Payment Sale Number: 88792419
Payment Accounting Date: 02/11/2020

Serial Number: 88792419
Internet Transmission Date: Tue Feb 11 11:19:59 EST 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202002111119597
56553-88792419-700ab3713a6c1ab19f5baebb5
47d1e9bd263e691c3c538b85a7532dcbfb87d2-D
A-19597959-20200211101151842811