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: 90254285

Filing Date: 10/14/2020

To the Commissioner for Trademarks:

MARK: SURGE (Standard Characters, see below )

The literal element of the mark consists of SURGE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Kentwood Floors Inc., a corporation of Canada, having an address of
      811 Cliveden Avenue
      Delta, BC V3M5R6
      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 019:  Laminate flooring; waterproof laminate flooring; vinyl flooring; waterproof vinyl flooring; vinyl floor tiles; luxury vinyl floor tiles; stone polymer composite (SPC) flooring; stone polymer composite (SPC) floor tiles; vinyl flooring, vinyl floor tiles and luxury vinyl floor tiles containing a stone polymer composite (SPC) core; flooring underlayments;
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 2,053,119, filed 09/22/2020.
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.



Miscellaneous Statement
Applicant has appointed Michael Pampalone of Pampalone Law as its U.S. licensed attorney to represent it, along with Trisha A. Dore of Richards Buell Sutton LLP, Applicant's OED Canadian Authorized Representative, in connection with the prosecution of the instant pending application before the USPTO. The attached executed declaration by the Applicant is being submitted by Trisha A. Doré of Richards Buell Sutton LLP who is recognized by the OED.


The applicant hereby appoints Michael Pampalone of Pampalone Law
      6695 Broadway
      Merrillville Indiana 46410
      United States
      718-388-0918(phone)
      michael@pamplaw.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:

Kentwood Floors Inc.

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@rbs.ca        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kbinder@rbs.ca; tdore@rbs.ca; lfacundo@rbs.ca The docket/reference number is 36338-0047. 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

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT18\IMAGEOUT18\902\542\90254285\xml1\APP0003.JPG



Signatory's Name: /David Sandover/
Signatory's Position: President
Payment Sale Number: 90254285
Payment Accounting Date: 10/14/2020

Serial Number: 90254285
Internet Transmission Date: Wed Oct 14 13:09:27 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2020101413092750
9726-90254285-750f7ca768daaf833851a6fc0f
5a14cc1ea5437da1ff4eb1c5e5564bcc2b71b021
-CC-09261671-20201014124806873826