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: 88840199

Filing Date: 03/19/020

To the Commissioner for Trademarks:

MARK: MARKAL (Standard Characters, see mark)
The literal element of the mark consists of MARKAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, LA-CO Industries, Inc., a corporation of Iowa, having an address of
      1201 Pratt Boulevard
      Elk Grove Village, Illinois 60007
      United States
      customer.service@laco.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 002:  Paint in the form of markers and crayons, namely, liquid paint markers, solid paint markers, hot surface paint crayons and security paint markers; holders specifically adapted for paint in the form of markers and crayons, specifically, hot surface paint crayons and markers

In International Class 002, 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 01/01/1950, and first used in commerce at least as early as 01/01/1950, 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 web page (accessed on March 16, 2020, at www.markal.com/products/pro-line-hp) that constitutes a display associated with the goods because the web page (1) contains a picture of the identified goods; (2) shows the MARKAL mark in association with the goods; and (3) provides a means for ordering the identified goods (an "Add To Cart" button) showing the mark as used in connection with the goods.

Original PDF file:
SPE0-9820614320-20200316171135683202_._SPECIMEN_IC2.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 009:  Temperature indicators

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 01/01/1960, and first used in commerce at least as early as 01/01/1960, 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 web page (accessed on March 10, 2020, at www.markal.com/collections/temperature-indicating-sticks) that constitutes a display associated with the goods because the web page (1) contains a picture of the identified goods; (2) shows the MARKAL mark in association with the goods; and (3) provides a means for ordering the identified goods (an "Find a Seller" button) showing the mark as used in connection with the goods.

Original PDF file:
SPE0-144121161234-20200309155944196161_._SPECIMEN_IC9.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 016:  Markers; writing and marking implements, namely, liquid paint markers, solid paint markers, hot surface paint crayons, and security paint markers; markers for use on metal surfaces; ink markers; low corrosion markers; hot surface markers; holders for writing and marking implements, namely, hot surface paint crayons and markers; holders for soapstone markers for use by welders for marking metal surfaces; holders for industrial markers; holders for writing chalk; markers for use on lumber and timber; layout markers

In International Class 016, 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 01/01/1950, and first used in commerce at least as early as 01/01/1950, 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 web page (accessed on March 10, 2020, at www.markal.com/collections/safety-security-markers) that constitutes a display associated with the goods because the web page (1) contains a picture of the identified goods; (2) shows the MARKAL mark in association with the goods; and (3) provides a means for ordering the identified goods (an "Add To Cart" button) showing the mark as used in connection with the goods.

Original PDF file:
SPE0-9820614320-20200316171135683202_._SPECIMEN_IC16.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



The owner's/holder's proposed attorney information: Jennifer M. Mikulina. Other appointed attorneys are all other attorneys. Jennifer M. Mikulina of McDermott Will & Emery 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
      444 West Lake Street, Suite 4000
      Chicago, Illinois 60606-0029
      United States
      312-372-2000(phone)
      312-984-7700(fax)
      ipdocketmwe@mwe.com

Jennifer M. Mikulina 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:

Jennifer M. Mikulina

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketmwe@mwe.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jmikulina@mwe.com; wzeserman@mwe.com; zbeal@mwe.com; ipdocketchicago@mwe.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Benjamin L Kleiman/   Date: 03/18/2020
Signatory's Name: Benjamin L. Kleiman
Signatory's Position: /Benjamin L. Kleiman/
Payment Sale Number: 88840199
Payment Accounting Date: 03/19/2020

Serial Number: 88840199
Internet Transmission Date: Thu Mar 19 11:46:16 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020031911461623
4334-88840199-710dfa4e8c93e28ca592c19d77
20ec3e44f6c3cbbf17f4a1c872c4c535a92eb290
-DA-46169860-20200316171135683202