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)

---

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: 88935664

Filing Date: 05/27/020

To the Commissioner for Trademarks:

MARK: TRIO (Standard Characters, see mark)
The literal element of the mark consists of TRIO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TOJA GRID INC., a corporation of Canada, having an address of
      450 South Service Road West
      Oakville, Ontario L6K2H4
      Canada
      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 006:  Metal trellises, pergolas, gazebos, sheds and patio umbrellas, awnings and shades; metal railings for porches and decks; portable gazebos primarily of metal; structural components made of metal for the assembly of pergolas, gazebos, sheds, patio umbrellas, awnings, shades, hammocks, tables, porches and decks; pergola kits containing metal; brackets of metal for furniture; brackets of metal for pergolas, gazebos and sheds; turnbuckles of metal; pergola parts and accessories, namely metal mounts for shades and awnings being attached to pergolas and gazebos, metal hangers for hammocks, metal screws, metal hooks, metal side tables to attach to pergolas and gazebos, metal candle holders to mount to pergolas and gazebos, metal outdoor planters;

In International Class 006, 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 05/01/2018, and first used in commerce at least as early as 05/01/2018, 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) Electronic Display.

Original PDF file:
SPE0-962346328-20200518131349371147_._TRIO_Class_06_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

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 Canada application number 2026430, filed 05/06/2020.
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 owner's/holder's proposed attorney information: Honeah Sohail Mangione. Other appointed attorneys are EGS-IP. Recognized Canadian attorney(s)/agent(s) is/are Anil Bhole. Honeah Sohail Mangione of Ellenoff Grossman, and Schole 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
      1345 Avenue of the Americas
      New York City, New York 10105
      United States
      trademark@egsllp.com
The docket/reference number is 16555.055.
Honeah Sohail Mangione 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:

Honeah Sohail Mangione

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@egsllp.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hmangione@egsllp.com; office@bholeiplaw.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 $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 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: /honeah sohail mangione/   Date: 05/27/2020
Signatory's Name: Honeah Sohail Mangione
Signatory's Position: Attorney of Record, NJ Bar Member
Payment Sale Number: 88935664
Payment Accounting Date: 05/27/2020

Serial Number: 88935664
Internet Transmission Date: Wed May 27 16:45:32 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20200527164532000
873-88935664-710c2945e6ca6dbe3a2e94c8b0d
e9c7de545a1f51a3eb12faa8cfcc37aa58a9-CC-
45303178-20200527164311356302