Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90548792

Filing Date: 02/26/2021

To the Commissioner for Trademarks:

MARK: CAPS'N PLUGS (Standard Characters, see mark)
The literal element of the mark consists of CAPS'N PLUGS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Protective Industries, Inc., a corporation of Delaware, having an address of
      2150 Elmwood Avenue
      Buffalo, New York 14207
      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 017:  Masking tapes and sheeting for covering products and masking and protecting same during processing, manufacturing, shipping, handling, and storage; electrical tape; insulating tapes; foam tape and sheeting

In International Class 017, 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 08/00/2009, and first used in commerce at least as early as 08/00/2009, 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 the product packaging bearing the mark.

Original PDF file:
SPE0-45921214-20210226092 523185251_._Tape_label__0 02_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 020:  Protective products, coatings, and coverings, namely, caps, plugs, grips, and stoppers made primarily of plastic and vinyl and used in industry for masking and protection of products during processing, manufacturing, shipping, handling, and storage; edge liners and protectors in the nature of coverings made primarily of plastic and vinyl for insertion on and over the corners and edges of objects to protect same during further processing, manufacturing, shipping, handling, and storage; packing containers and tubes of plastic material

In International Class 020, 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 08/00/2009, and first used in commerce at least as early as 08/00/2009, 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 the product packaging bearing the mark.

Original PDF file:
SPE0-45921214-20210226092 523185251_._Silicone_part s_label__002_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 022:  Netting material made primarily from plastic and vinyl for covering products and protecting same during processing, manufacturing, shipping, handling, and storage

In International Class 022, 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 08/00/2009, and first used in commerce at least as early as 08/00/2009, 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 the product packaging bearing the mark.

Original PDF file:
SPE0-45921214-20210226092 523185251_._Polyethylene_ parts_label__002_.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 040:  Manufacture of molded plastic and rubber parts and products to order and/or specification of others

In International Class 040, 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 08/00/2009, and first used in commerce at least as early as 08/00/2009, 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) internet web page advertising showing use of the mark in association with the services.

Original PDF file:
SPE0-45921214-20210226092 523185251_._CAPS_N_PLUGS_ Cl._40_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.capsnplugs.com/custom-moulding/
Webpage Date of Access: 02/22/2021



The owner's/holder's proposed attorney information: Kimberly I. Shimomura. Other appointed attorneys are Brian B. Shaw, Anne F. Downey. Kimberly I. Shimomura of Harter Secrest & Emery 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
      1600 Bausch & Lomb Place
      Rochester, New York 14604
      United States
      585-231-1382(phone)
      585-232-2152(fax)
      kshimomura@hselaw.com
The docket/reference number is 99808.000172.
Kimberly I. Shimomura 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:

Kimberly I. Shimomura

PRIMARY EMAIL FOR CORRESPONDENCE: kshimomura@hselaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademark@hselaw.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 $1400 has been submitted with the application, representing payment for 4 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: /Kimberly I. Shimomura/   Date: 02/26/2021
Signatory's Name: Kimberly I. Shimomura
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: 585-231-1382
Signature method: Sent to third party for signature
Payment Sale Number: 90548792
Payment Accounting Date: 02/26/2021

Serial Number: 90548792
Internet Transmission Date: Fri Feb 26 11:37:14 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XXX.XX-202102261137141566
67-90548792-77013595b67f1e6ded265dce0816
3647f725bbae4bfe1e77dd10f2615b061f5-DA-3
7131276-20210226092523185251