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: 90560392

Filing Date: 03/04/2021

To the Commissioner for Trademarks:

MARK: DURAMAX (Standard Characters, see mark)
The literal element of the mark consists of DURAMAX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Sceptor US Holding Company, a corporation of Ohio, having an address of
      1293 S. Main Street
      Akron, Ohio 44301
      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 020:  Plastic portable fuel and gas cans sold empty; Portable plastic fuel containers sold empty for marine use; Plastic products, namely, fuel cans sold empty, fuel containers sold empty; Non-metal containers for liquid fuel

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 07/00/2005, and first used in commerce at least as early as 07/00/2005, 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 portable gas container.

Original PDF file:
SPE0-21623516118-20210303 095105922379_._DURAMAX_Sp ecimen_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-21623516118-20210303 095105922379_._DURAMAX_Sp ecimen_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



The owner's/holder's proposed attorney information: Mark A. Watkins. Other appointed attorneys are William E. Ryan and the attorneys of Vorys, Sater, Seymour and Pease LLP. Mark A. Watkins of Vorys, Sater, Seymour and Pease 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
      P.O. Box 2255
      Columbus, Ohio 43216-2255
      United States
      202-533-9099(fax)
      iplaw@vorys.com
The docket/reference number is 056636-23.
Mark A. Watkins 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:

Mark A. Watkins

PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@vorys.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bjjustice@vorys.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 $350 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: /Mark A. Watkins/   Date: 03/04/2021
Signatory's Name: Mark A. Watkins
Signatory's Position: Attorney of Record, Ohio Bar member
Signatory's Phone Number: 330-208-1000
Signature method: Sent to third party for signature
Payment Sale Number: 90560392
Payment Accounting Date: 03/04/2021

Serial Number: 90560392
Internet Transmission Date: Thu Mar 04 16:02:12 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202103041602127
42955-90560392-770182ba20a2a9c18ee03c3ef
2b3295d7c8c92061fdf3abd1fb5baad8dc1f3-DA
-02120909-20210304091029761699