Trademark/Service Mark Application, Principal Register
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
The color(s) orange-red and white is/are claimed as a feature of the mark.
*DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the colors orange-red and white applied to the exterior surface of lawn mowing equipment and tractors; the color orange-red
appears inside the wheel wells and on the tailgate; the color white appears on the body of the machine and its structural components; the outlining and shape of the machine are not claimed as part of
the mark and the darker broken-line outline is to show position or placement of the mark on the goods.
PIXEL COUNT ACCEPTABLE
YES
PIXEL COUNT
900 x 614
REGISTER
Principal
APPLICANT INFORMATION
*OWNER OF MARK
Clark Equipment Company
*MAILING ADDRESS
250 East Beaton Drive
*CITY
West Fargo
*STATE
(Required for U.S. applicants)
North Dakota
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
58078
*EMAIL ADDRESS
XXXX
LEGAL ENTITY INFORMATION
TYPE
corporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION
The applicant claims ownership of active prior U.S. Registration Number(s) 4110890, 4027919, and 4030916.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for
sufficiently similar goods/services of active U.S. Registration No(s). 4110890, 4027919, 4030916.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in
commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
ATTORNEY INFORMATION
NAME
Lori S. Meddings
ATTORNEY DOCKET NUMBER
167326.00406
ATTORNEY BAR MEMBERSHIP NUMBER
XXX
YEAR OF ADMISSION
XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY
XX
FIRM NAME
Quarles & Brady LLP
STREET
33 East Main Street, Suite 900
CITY
Madison
STATE
Wisconsin
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
United States
ZIP/POSTAL CODE
53703
PHONE
608-251-5000
FAX
608-251-9166
EMAIL ADDRESS
tm-dept@quarles.com
OTHER APPOINTED ATTORNEY
Nicole M. Murray, Joel E. Tragesser, Hillary J. Wucherer, Bennett J. Berson, Heather L. Buchta, James J. Aquilina, Megan Q. Peccarelli,
Jordan R. Downham, Li Zhu, Katelin V. Drass
CORRESPONDENCE INFORMATION
NAME
Lori S. Meddings
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
tm-dept@quarles.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
julie.hughes@quarles.com
FEE INFORMATION
APPLICATION FILING OPTION
TEAS Standard
NUMBER OF CLASSES
1
APPLICATION FOR REGISTRATION PER CLASS
275
*TOTAL FEES DUE
275
*TOTAL FEES PAID
275
SIGNATURE INFORMATION
SIGNATURE
/Jason Mayberry/
SIGNATORY'S NAME
Jason Mayberry
SIGNATORY'S POSITION
Deputy General Counsel
SIGNATORY'S PHONE NUMBER
000-000-0000
DATE SIGNED
11/02/2020
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:90293990
Filing Date:11/02/2020
To the Commissioner for Trademarks:
MARK: (Stylized and/or Design, see mark) The color(s) orange-red and white is/are claimed as a feature of the mark. The mark consists of
the colors orange-red and white applied to the exterior surface of lawn mowing equipment and tractors; the color orange-red appears inside the wheel wells and on the tailgate; the color white appears
on the body of the machine and its structural components; the outlining and shape of the machine are not claimed as part of the mark and the darker broken-line outline is to show position or
placement of the mark on the goods.
The applicant, Clark Equipment Company, a corporation of Delaware, having an address of
250 East Beaton Drive
West Fargo, North Dakota 58078
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 007: lawn mowers, lawn mower blades, riding lawn mowers, walk-behind lawn mowers, zero-turn lawn mowers
In International Class 007, 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 07/23/2020, and first used in
commerce at least as early as 07/23/2020, 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) catalog showing mark on products.
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4110890, 4027919, and 4030916.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration
No(s). 4110890, 4027919, 4030916.
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at
least the five years immediately before the date of this statement.
The owner's/holder's proposed attorney information: Lori S. Meddings. Other appointed attorneys are Nicole M. Murray, Joel E. Tragesser, Hillary J. Wucherer, Bennett J. Berson, Heather L. Buchta,
James J. Aquilina, Megan Q. Peccarelli, Jordan R. Downham, Li Zhu, Katelin V. Drass. Lori S. Meddings of Quarles & Brady 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
33 East Main Street, Suite 900
Madison, Wisconsin 53703
United States
608-251-5000(phone)
608-251-9166(fax)
tm-dept@quarles.com
The docket/reference number is 167326.00406.
Lori S. Meddings 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:
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
Signature: /Jason Mayberry/ Date: 11/02/2020
Signatory's Name: Jason Mayberry
Signatory's Position: Deputy General Counsel
Payment Sale Number: 90293990
Payment Accounting Date: 11/02/2020
Serial Number: 90293990
Internet Transmission Date: Mon Nov 02 17:35:48 ET 2020
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20201102173548806
324-90293990-750ed9ed4832c9b04aab18d5635
8aa4735527198cd74b0f588a65627f66ea51a0-D
A-35488140-20201102100113540657