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: 90082645

Filing Date: 07/30/2020

To the Commissioner for Trademarks:

MARK: encore (stylized and/or with design, see mark)
The literal element of the mark consists of encore. The color(s) blue is/are claimed as a feature of the mark. The mark consists of the word encore where the first letter e is a fanciful enlarged lower case "e" followed by standard lowercase letters "ncore," wherein the lower portion of the first e extends at an upward angle and is partially hidden by the letter n, and the remaining portion extends at about a 45 degree angle from an upper right corner of the letter n so as to form an accent mark.
The applicant, FURUKAWA ROCK DRILL USA, INC., a corporation of Delaware, having an address of
      805 Lake Street
      Kent, Ohio 44240
      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 037:  maintenance services for the disassembly, inspection, repair, upgrading, and recertification of construction tools, namely, hydraulic breakers and related equipment

In International Class 037, 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 12/26/2002, and first used in commerce at least as early as 12/26/2002, 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) brochure showing use of the mark with the services.

Original PDF file:
SPE0-23249108218-20200729 093012112563_._brochure.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2




The owner's/holder's proposed attorney information: Andrew B. Morton. Other appointed attorneys are Tama L. Drenski, Rodney L. Skoglund. Andrew B. Morton of Renner, Kenner, Greive, Bobak, Taylor, & Weber, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Huntington Tower, Suite 400
      106 South Main Street
      Akron, Ohio 44308-1412
      United States
      330-376-1242(phone)
      330-376-9646(fax)
      pto@rennerkenner.com
The docket/reference number is FKW.T0004.
Andrew B. Morton 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:

Andrew B. Morton

PRIMARY EMAIL FOR CORRESPONDENCE: pto@rennerkenner.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): morton@rennerkenner.com; mgarro@rennerkenner.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: /Andrew B. Morton/   Date: 07/30/2020
Signatory's Name: Andrew B. Morton
Signatory's Position: Attorney of record, an Ohio bar member
Payment Sale Number: 90082645
Payment Accounting Date: 07/30/2020

Serial Number: 90082645
Internet Transmission Date: Thu Jul 30 09:43:14 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202007300943149
38169-90082645-740c2d2e857f8713178d23d8c
63fea675b78658681fae6e2d30986ce7adc7fa8-
CC-43130274-20200730093558016884