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)

---

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: 90444398

Filing Date: 01/01/2021

To the Commissioner for Trademarks:

MARK: CLARK THE FORKLIFT (stylized and/or with design, see mark)
The literal element of the mark consists of CLARK THE FORKLIFT. The color(s) green is/are claimed as a feature of the mark. The mark consists of the word "CLARK" in stylized green font, enclosed in a green rectangle with rounded edges, centered above the words "THE FORKLIFT" in capital letters.
The applicant, Clark Material Handling Company, a corporation of Delaware, having an address of
      700 Enterprise Drive
      Lexington, Kentucky 40510
      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 012:  forklift trucks

In International Class 012, 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 03/30/2018, and first used in commerce at least as early as 03/30/2018, 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) photographs of applicant's trade show displays.
Specimen File1
Specimen File2

International Class 035:  distributorships in the field of forklifts and forklift parts; wholesale and retail store services featuring forklifts and forklift parts

In International Class 035, 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 03/29/2016, and first used in commerce at least as early as 03/29/2016, 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) photograph of retail store sign , screenshot of social media post featuring the mark and describing the services, and screenshot of applicant's website featuring the mark and describing the services.
Specimen File1
Specimen File2
Specimen File3

International Class 037:  maintenance and repair of forklift trucks

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 03/29/2016, and first used in commerce at least as early as 03/29/2016, 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) Screenshot of applicant's website featuring the mark and describing the services.
Specimen File1




The owner's/holder's proposed attorney information: Amy B. Berge. Other appointed attorneys are Joseph R. Dages, Clare E. Souleyrette. Amy B. Berge of Middleton Reutlinger, 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 2600
      401 S. Fourth Street
      Louisville, Kentucky 40202
      United States
      502-625-2887(phone)
      502-588-1987(fax)
      aberge@middletonlaw.com

Amy B. Berge 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:

Amy B. Berge

PRIMARY EMAIL FOR CORRESPONDENCE: aberge@middletonlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): csouleyrette@middletonlaw.com; jdages@middletonlaw.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: /Amy B. Berge/   Date: 01/01/2021
Signatory's Name: Amy B. Berge
Signatory's Position: Attorney of record, Kentucky bar member
Payment Sale Number: 90444398
Payment Accounting Date: 01/04/2021

Serial Number: 90444398
Internet Transmission Date: Fri Jan 01 13:45:26 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.X.XXX-202101011345266726
82-90444398-7504ef1a4e7a47a5443fe26e6f58
f9c9956fea61ff16b359471f1869ad487e543-CC
-45254022-20210101132314115845