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: 88925956

Filing Date: 05/20/020

To the Commissioner for Trademarks:

MARK: WEATHERTIGHT (Standard Characters, see mark)
The literal element of the mark consists of WEATHERTIGHT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Iris Ohyama, Inc., a corporation of Japan, having an address of
      2-12-1 Itsutsubashi, Aoba-ku
      Sendai-shi, Miyagi 980-8510
      Japan
      XXXX

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 020:  Plastic storage containers for commercial or industrial use, namely, clear plastic containers, modular plastic storage containers, buckled plastic storage containers, plastic file containers, plastic file storage, portable plastic file containers, plastic storage containers, plastic storage trunks, and buckled plastic storage containers

In International Class 020, 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 10/31/2007, and first used in commerce at least as early as 10/31/2007, 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) website screenshot showing the mark as used in connection with goods and providing a means of ordering the goods.

Original PDF file:
SPE0-21680592-20200518131902777789_._WEATHERTIGHT_website.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 021:  Plastic storage containers for household or domestic use, namely, clear plastic containers, modular plastic storage containers, buckled plastic storage containers, plastic file containers, plastic file storage, portable plastic file containers, plastic storage containers, plastic storage trunks, and buckled plastic storage containers

In International Class 021, 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 10/31/2007, and first used in commerce at least as early as 10/31/2007, 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) website screenshot showing the mark as used in connection with goods and providing a means of ordering the goods.

Original PDF file:
SPE0-1-21680592-20200518131902777789_._WEATHERTIGHT_website.pdf
Converted PDF file(s) (1 page)
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4686173.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: George H. Kobayashi. Other appointed attorneys are Nancy E. Sasamoto; Michael S. Golenson; Monika R. Oyama. George H. Kobayashi of MASUDA, FUNAI, EIFERT & MITCHELL, LTD., 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 2500
      203 N. LaSalle Street
      Chicago, Illinois 60601
      United States
      312-245-7500(phone)
      312-245-7467(fax)
      trademark@masudafunai.com
The docket/reference number is 6788-10103.
George H. Kobayashi 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:

George H. Kobayashi

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@masudafunai.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $550 has been submitted with the application, representing payment for 2 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: /George H. Kobayashi/   Date: 05/20/2020
Signatory's Name: George H. Kobayashi
Signatory's Position: Attorney of record, Illinois Bar member
Payment Sale Number: 88925956
Payment Accounting Date: 05/20/2020

Serial Number: 88925956
Internet Transmission Date: Wed May 20 18:25:05 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202005201825057508
24-88925956-710999e17f4efcfce844672e8b0e
7111ac6a62fd8fdbda515e5292baa3244c77a-CC
-25047218-20200520182046207155