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: 88947069

Filing Date: 06/03/020

To the Commissioner for Trademarks:

MARK: SPACEMAKER (Standard Characters, see mark)
The literal element of the mark consists of SPACEMAKER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Whitmor, Inc., a corporation of Delaware, having an address of
      Suite 103
      8680 Swinnea Rd., Building D
      Southaven, Mississippi 39232
      United States
      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 clothes hooks; metal over-the-door hooks
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.

International Class 020:  non-metal clothes hooks; non-metal over-the-door hooks; clothes rods; over-the-door clothes rods; non-metal hanging closet organizers for shoes, clothing, and accessories; storage racks; storage racks for use in cabinets
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.

International Class 020:  hangers, namely clothes hangers and hangers for scarves, ties, belts, and other clothing accessories; shoe racks

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 05/00/2012, and first used in commerce at least as early as 05/00/2012, 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) image of mark affixed to labels or tags on goods.
Specimen File1
Specimen File2
Specimen File3

International Class 021:  wire baskets; undershelf wire baskets; caddies for holding irons and steamers
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2936276, 3765498, and 5307840.

Miscellaneous Statement
Applicant sets forth the dates of first use for scarf and belt hangers elsewhere in the Application. Here, Applicant sets forth the dates of first use in commerce for each of the following goods: shoe rack (08/00/2017), tie hangers (01/00/2010), and clothing hangers (12/01/2006)


The owner's/holder's proposed attorney information: Alexandra MacKay. Other appointed attorneys are Richard S. Myers, Jr., Sean Ritchie, Rachel Dix Bishop, and Summer Young, each a member of the Bar of the State of Tennessee, Joel T. Beres, David W. Nagle, Jr., Mandy Wilson Decker, James Hayne, John Scruton, Jeff Haeberlin, and Terry L. Wright, each a member of the Bar of the State of Kentucky, Marvin Petry, and Mari-Elise Gates Paul each a member of the Bar of the State of Virginia, Brewster Taylor, a member of the Bar of the State of Massachusetts, and B. Aaron Schulman, a member of the Bar of the State of Maryland, of the firm of Stites & Harbison, PLLC. Alexandra MacKay of Stites & Habison, PLLC, 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 800
      401 Commerce Street
      Nashville, Tennessee 37219
      United States
      615-782-2200(phone)
      alexandra.mackay@stites.com

Alexandra MacKay 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:

Alexandra MacKay

PRIMARY EMAIL FOR CORRESPONDENCE: alexandra.mackay@stites.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmnash@stites.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: /peter felsenthal/   Date: 06/03/2020
Signatory's Name: Peter Felsenthal
Signatory's Position: CEO
Payment Sale Number: 88947069
Payment Accounting Date: 06/03/2020

Serial Number: 88947069
Internet Transmission Date: Wed Jun 03 23:25:53 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020060323255343
9727-88947069-71097ef222fa04f7fa91efd5f9
dd142979299edb7eaf89a48f9cd81399a6eeb17f
-CC-25510379-20200603204813540939