Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90640926

Filing Date: 04/13/2021

To the Commissioner for Trademarks:

MARK: HUSKY ADVANTAGE + ELITE WE CALL YOU (stylized and/or with design, see mark)
The literal element of the mark consists of HUSKY ADVANTAGE + ELITE WE CALL YOU. The applicant is not claiming color as a feature of the mark. The mark consists of HUSKY, Slightly tilted to the right and positioned above the word Advantage to the left side. Between Advantage and the word Elite there is a + symbol. Underneath the words Advantage + Elite are the words WE CALL YOU in capital letters. The HUSKY, Advantage and the symbol + are in bold font.
The applicant, Husky Injection Molding Systems Ltd., a corporation of Canada, having an address of
      500 Queen Street South
      Bolton L7E5S5
      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 007:  Injection molding machines and parts and fittings for injection molding machines; injection molding systems; melt delivery systems for injection molding; components, parts and fittings for melt delivery systems for use in injection molding machines; controllers for controlling the operation of melt delivery systems for use in injection molding machines; controllers for controlling the operation of injection molding machines; replacement parts for injection molding machinery, equipment and related components.
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 2057162, filed 10/13/2020.
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.


International Class 037:  Refurbishment, maintenance, diagnosis and repair of injection molding machines, equipment and related components; customer service in the field of injection molding
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 2057162, filed 10/13/2020.
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.


International Class 042:  Providing engineering and technical support on the operation and maintenance of injection molding machinery, equipment and related components.
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 2057162, filed 10/13/2020.
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.





The owner's/holder's proposed attorney information: Richard J. Musgrave. Richard J. Musgrave, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      288 North Road
      Milton, Vermont 05468
      United States
      802-859-8157(phone)
      rmusgrave@husky.ca
The docket/reference number is HTM-078F-US.
Richard J. Musgrave 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:

Richard J. Musgrave

PRIMARY EMAIL FOR CORRESPONDENCE: rmusgrave@husky.ca        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cjenko@husky.ca 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 $1050 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: /Richard J. Musgrave/   Date: 04/13/2021
Signatory's Name: Richard J. Musgrave
Signatory's Position: Attorney of Record
Signatory's Phone Number: 802-859-8157
Signature method: Signed directly within the form
Payment Sale Number: 90640926
Payment Accounting Date: 04/13/2021

Serial Number: 90640926
Internet Transmission Date: Tue Apr 13 08:30:50 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021041308305012
4695-90640926-7703d387e8743e034a25f2c288
c54f9d174ed56b97778b18d9bddb34e6d133369-
DA-30490037-20210413080724789971