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: 88957727

Filing Date: 06/10/020

To the Commissioner for Trademarks:

MARK: MAKERX (Standard Characters, see mark)
The literal element of the mark consists of MAKERX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Positec Group Limited, a corporation of China, having an address of
      Level 54, Hopewell Centre
      183 Queen's Road East
      Hong Kong Adm. Region 0
      China
      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 007:  electric power operated tools, namely, drills, saws, jigsaws, grinders, rotary grinding machines, angle grinders, sanders, nailing guns; pen sanders, cutting machines, routers, planers, engraving machines, electric welding machines, power clamp actuator; metal clamps used for holding piece parts on machine tool tables; wood and metal machinery, namely, wood mortise machine; sewing machines; pedal drives for sewing machines; foot-control speed attachment for sewing machines; packaging machines; electric bag sealers; electric scissor sharpeners; electric knife sharpeners; sharpening machines; electric hand-held mixers for household purposes; power-operated epoxy resin and paint mixers; industrial paint agitating machines; power-operated spray paint can shakers; glass cutters; knives, electric; vibrating knifes; hot knife; wire knife; scissors, electric; glue guns, electric; powered hole openers used to enlarge holes in the ground; hole punchers; wire twister; power-operated fish fillet knife; airbrush painting tool, namely, air brushes for applying paint; soldering irons, electric; wood burners; electrical wood burning artists' pens; electrical soldering apparatus in the nature of artists' pens; cleaning brushes kit; steam cleaning machines; 3d printing pens; power-operated blowers, power-operated grass trimmers, power-operated hedge trimmers, high pressure washers, vacuum cleaners, crayon melter; multiple tool power hub; spray guns for paint; electrically-operated brushes, being parts of machines
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 Canada application number 2031176, filed 05/28/2020.
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.


International Class 009:  measuring tapes; measuring rules; lasers for measuring purposes; laser pointers; laser level measuring apparatus; laser line generator; thermometers not for medical purposes; moisture meters; hygrometers; thermo-hygrometers; magnifying lenses; magnifying glasses; light with magnifier; chargers; battery chargers; battery packs; batteries, power adapters; power base
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 Canada application number 2031176, filed 05/28/2020.
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.


International Class 011:  LED light machines, electric lighting fixtures; hair dryers; heat guns; heating installations; epoxy resin warmer for bottles of liquid epoxy or resin; light with magnifier; magnifying lamps
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 Canada application number 2031176, filed 05/28/2020.
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: Scot A. Duvall. Scot A. Duvall of Middleton Reutlinger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      401 South Fourth Street, Suite 2600
      Louisville, Kentucky 40202
      United States
      502-625-2784(phone)
      sduvall@middletonlaw.com
The docket/reference number is ZM981-20354.
Scot A. Duvall 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 hereby appoints Scot A. Duvall of Middleton Reutlinger
      401 South Fourth Street, Suite 2600
      Louisville Kentucky 40202
      United States
      502-625-2784(phone)
      sduvall@middletonlaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Scot A. Duvall

PRIMARY EMAIL FOR CORRESPONDENCE: sduvall@middletonlaw.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 $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: /Scot A. Duvall/   Date: 06/10/2020
Signatory's Name: Scot A. Duvall
Signatory's Position: Attorney of record, Kentucky bar member
Payment Sale Number: 88957727
Payment Accounting Date: 06/10/2020

Serial Number: 88957727
Internet Transmission Date: Wed Jun 10 12:43:49 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-202006101243490264
86-88957727-71089514c19e29de8dbb69cbe5c1
6685127e1a4e6ac3434e7d7d4a9b394a6a301d-C
C-43474565-20200610124055228082