Application

PTO- 1478

Approved for use through 05/31/2021. 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

---

PTO- 1478

Approved for use through 05/31/2021. 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: 90742439

Filing Date: 05/28/2021

To the Commissioner for Trademarks:

MARK: WHEELER (Standard Characters, see mark)
The literal element of the mark consists of WHEELER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Wheeler Machinery Co., a corporation of Utah, having an address of
      4901 W 2100 S
      Salt Lake City, Utah 84120
      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 001:  Rust inhibitor fluid for preventing formation of rust in the cooling system of internal combustion systems, chemicals for use in industry, agriculture, horticulture, and forestry except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; cement for repairs, namely, adhesive cement for bonding; anti-freeze; coolants; chemical preparations in the nature of conditioners for enhancing the performance of engine cooling systems; chemical preparations in the nature of cleaners for enhancing the performance of engine cooling systems; chemical preparations for locking screw threads; battery fluid, namely, acidulated water for recharging batteries; chemical preparations in the nature of filtering materials for industrial use; hydraulic fluids; fuel additives, namely, chemical additives for fuel treatment; compositions for repairing vehicle tires, namely, rubber cement for repairing pneumatic tires; artificial and synthetic resins, anti-freeze chemicals for engines, compressors, generators, pumps, and vehicles; chemical additives for fuel treatment for engines, compressors, generators, pumps, and vehicles; chemical additives for enhancing the performance of lubricating oils, greases and internal combustion engine fuels for engines, compressors, generators, pumps, and vehicles; chemical fluid additives for coolants, lubricants, oils, and fuels for engines, compressors, generators, pumps, and vehicles; chemical fluid additives for lubricants, oils, and fuels for machines, machine tools, and parts therefor, all of the foregoing for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 001, 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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of actual use of the mark in commerce via an Internet site at which transactions for goods/services may be made..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._001Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/en/wheelermachinery/machine-fluids
Webpage Date of Access: 05/28/2021

International Class 002:  Paints, varnishes, lacquers; preservatives against rust in the nature of a coating and against deterioration of wood; colorants; mordants used in the manufacturing of coatings; raw natural resins; primers, and paint thinners; metal preservatives in the nature of a coating; coatings in the form of paints for use in the manufacture of vehicles and on parts of vehicles; fireproof cement coatings, all of the foregoing for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 002, 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 12/31/2009, and first used in commerce at least as early as 12/31/2009, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-1-2410158176-2021052 8151847053057_._002specim en.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/SearchDisplay?catalogId=10051&langId=-1&storeId=20161&searchTerm=paint&categoryId=&sType=SimpleSearch&resultCatEntryType=2&showResultsPage=true&searchSource=Q&pageView=&beginIndex=0&pageSize=8#facet:&productBeginIndex:0&orderBy:&pageView:grid&minPrice:&maxPrice:&pageSize:&currentEndIndex:0&scrollToProductId:undefined&filterByEquipment:true&
Webpage Date of Access: 05/28/2021

International Class 004:  Lubricating-oils, industrial oils and greases; lubricants; diesel oil; anti-seizure lubricating compounds for use on engines; lubricant designed for use in ball and roller bearings and bushings, lubricants and oils for land vehicles; hydraulic oils; greases, lubricants and oils for industrial machinery; non-chemical engine treatments and additives for engine oils, gasoline and diesel fuels, transmission fluids, coolants, compressors, generators, pumps, machine tools, and parts therefor, all of the foregoing for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 004, 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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._004Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/en/wheelermachinery/machine-fluids
Webpage Date of Access: 05/28/2021

International Class 006:  Gasoline engines and road-working machines, non-electric cables and wires of common metals; pipes and tubes of metal; metal plugs, metal straps for handling loads, metal pipe clips, metal nuts, metal bolts, metal screws, metal sealing rings; metal ball lock pins, metal washers, metal seals, metal tie downs, metal pipe nipples, binding strips of metal used on packaging, metal bungs, metal caps for tubing ends, metal closures for containers, metal pipe collars, metal clamps, metal couplings for use with hoses, metal hooks, metal nails, metal pegs, metal rivets, metal storage tanks, metal drain plugs, metal cotter pins, metal drawbar pins, metal clevis pins, metal locking pins, metal eye bolts, metal snap rings; metal screw thread inserts; metallic drain traps and drain caps; metal pipe extensions; metal debris deflectors; steel reinforcing grids for use in paving processes; clad steel plates; metal track hardware, namely, track links, track shoes and track pins; metal welding rods; metal chains, metal slings for loading and pulleys; metal bells; metal locks and padlocks; metal number plates; knobs of metal; non-luminous and non-mechanical metal signs; non-luminous and non-mechanical metal signalling panels; reinforcing materials of metal for building purposes; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts for land vehicles, agricultural machinery, and earth moving machinery, namely, metal gaskets for machinery and land vehicles, metal pipe connectors, metal pipe fittings, metal cylinders for compressed gas or liquids sold empty, metal threaded fasteners, metal hose clamps, and metal hose fittings, all of the foregoing for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 006, 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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._006specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/SearchDisplay?catalogId=10051&langId=-1&storeId=20161&searchTerm=engines&categoryId=&sType=SimpleSearch&resultCatEntryType=2&showResultsPage=true&searchSource=Q&pageView=&beginIndex=0&pageSize=8#facet:&productBeginIndex:0&orderBy:&pageView:grid&minPrice:&maxPrice:&pageSize:&currentEndIndex:0&scrollToProductId:undefined&filterByEquipment:true&
Webpage Date of Access: 05/28/2021

International Class 007:  Tractors adapted to be employed in farming operations, road building, mining, logging, earth moving, hauling, and for other industrial and agricultural purposes; internal combustion engines adapted for employment as the source of power for self-propelled vehicles, and as stationary or portable power units for industrial and agricultural uses; power and manually controlled graders, terracers, planers, scarifiers, leaning wheel graders, elevating graders, scrapers, bulldozers, levelers, plows, ditchers, bank cutters , and back slopers adapted to be employed for the construction and maintenance of roads, for moving and removing of earth, snow, and like materials, for preventing soil erosion and for other industrial and agricultural uses; parts and tools for all of said products and attachments, accessories and equipment associable with all of said products, engines, attachments and parts therefor; cable-control units for controlling cable actuated equipment associated with tractors and the like; hydraulic control units for controlling hydraulically actuated equipment associated with tractors and the like; earth rippers; scraping, carrying, and dumping units, machinery for earth moving, earth conditioning and material handling, namely, loaders and engines therefor, and parts for vehicle and internal combustion engines, hydraulic excavators; mini hydraulic excavators; wheeled excavators; front shovels; backhoe loaders; skid steer loaders; compact wheel loaders; wheel loaders; integrated toolcarriers; telescopic handlers; track loaders; wheel tractor-scrapers; track-type tractors; wheel dozers; motor graders; soil compactors; cold planers; road reclaimers; asphalt pavers; vibratory compactors; industrial engines; diesel generator sets; gas generator sets; demolition machines and scrap material handlers for use therewith namely, blades, buckets, crushers, grapples, hammers, hydraulic brooms, mobile shears, pallet forks, pulverizers, and rakes; log loaders; combines; pipelayers; mining shovels; waste handling machines; compressors for machines, electricity generators, and pumps for machines; air intake and exhaust assemblies for engines; integrated tool carriers, wheel loaders, telescoping material handlers, track-type tractors, pipelayers, track loaders, landfill compactors, wheel dozers, motor graders, industrial tractors, wheel tractor-scrapers, wheeled skidders, knuckleboom loaders, vibratory soil compactors, soil compactors, vibratory asphalt compactors, pneumatic compactors, asphalt pavers, track asphalt pavers, cold planers, road reclaimers, underground mining loaders, waste handlers; electric, industrial, diesel, gas, and natural gas generators and gensets; manual pallet movers; track skidders, track feller bunchers, wheeled feller bunchers and forwarders; augers, backhoes, hydraulic brooms, cold planers, compactors, vibratory compactors, crushers, grapples, hammers, pulverizers, pulverizing jaws, rakes, saws, shears, snow blowers, stump grinders; asphalt cutters, hydraulic brooms, vibratory compactors, cutting jaws, multi-processors, tillers, trenchers, all of the foregoing for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._007specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://wheelercat.com/new/machines/caterpillar-excavators/
Webpage Date of Access: 05/28/2021

International Class 009:  Electric storage batteries, electric generators and diesel electric generator sets, and parts for these products, eyeglasses and sunglasses, computer hardware; computer software for testing, monitoring, and operating vehicles, engines, equipment, machines, machine tools, and parts therefor; computer software for database management, statistical analysis, data analysis, predictive analysis, remote monitoring of machinery, and job site office management and planning; computer software for selecting delivery location and tracking delivery status of packages, freight, and job site materials; equipment, namely, electronic devices and parts therefor for locating, positioning, and controlling machines, engines, machine tools, and parts therefor; electronic equipment for remote operation, control, and monitoring of engines, machine tools, and parts therefor; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers; blank recording discs; data processing equipment and computers; computer hardware and software for sensing and recording operational data to monitor the performance and maintenance needs of vehicles, equipment, and machinery;; television sets; electric cable and wire; electricity conduits, electric switches, pressure switches; electrical connectors, cable jump leads, electrical fuses, circuit testers, voltage testers; electric fuse holders, transformers, battery testing apparatus for sale in kit form; thermostats, pressure gauges, and leveling rods; tape measures and rules; microscopes, tachometers; thermometers; anti-intrusion alarms, electronic warning horns, flashing safety lights, optical reflectors, reflective mirrors to prevent accidents, aerials, and battery chargers; electric couplings; metered petrol pumps; surveyor's levels; electronic locks; radios; batteries; speed checking apparatus for vehicles, namely, sensors; battery cables; electric connectors; electrical terminals; probes for testing integrated circuits; ammeters; battery testers, gas detectors; flow meters; ohmmeters; welding torches; battery ground straps; battery tie downs; emergency jump start apparatus, namely, jumper cables; voltage converters; welding apparatus, namely, welding respirators, welding helmets, welding goggles, welding jackets, welding gloves, welding coats, and welding blankets; amplifiers for wireless communications, antennas, antennas for wireless communications apparatus; audio equipment for vehicles, namely, stereos, speakers, amplifiers, equalizers, crossovers, and speaker housings, batteries for vehicles, devices for wireless radio transmission, electric control panels, electric luminescent display panels, electric relays; electronic and optical communications instruments and components, namely, optical transmitters; electronic and optical communications instruments and components, namely, optical receivers; electronic and optical communications instruments and components, namely, digital transmitters, electronic control systems for machines, global positioning systems, laser object detectors for use on vehicles, navigation apparatus for vehicles in the nature of on-board computers, radios for vehicles, voltage regulators, voltage stabilizers, and voltmeters; machine parts, namely, control mechanisms for machines, engines, or motors; fuel/air ratio controls for engines; speed governors for machines, engines, and motors, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 009, 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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._009specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/SearchDisplay?catalogId=10051&langId=-1&storeId=20161&searchTerm=battery&categoryId=&sType=SimpleSearch&resultCatEntryType=2&showResultsPage=true&searchSource=Q&pageView=&beginIndex=0&pageSize=8#facet:&productBeginIndex:0&orderBy:&pageView:grid&minPrice:&maxPrice:&pageSize:&currentEndIndex:0&scrollToProductId:undefined&filterByEquipment:true&
Webpage Date of Access: 05/28/2021

International Class 011:  Light bulbs, head light bulbs, tail light bulbs, vehicle turn signal light bulbs, dashboard light bulbs; electric torches for lighting; lights for vehicles, lamps; reflectors for vehicles; air conditioning apparatus; air conditioning filters; defrosting apparatus for vehicles; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machinery, and earth moving machinery, namely, backup lights for land vehicles, coolant recovery systems comprising reservoirs, pumps, filters, and cleaners; electric light bulbs, LED light bulbs, rear lights for vehicles and valves as part of radiators, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 011, 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 12/31/2009, and first used in commerce at least as early as 12/31/2009, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._011specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://wheelercat.com/parts/shop-by-category/lights-accessories/
Webpage Date of Access: 05/28/2021

International Class 012:  Tractors, tractor engines, track links, track shoes, grousers, grease guns; road construction and maintenance machinery, tools, and equipment-namely, graders, scarifiers, plows, logging machinery, tools, and equipment-namely, logging engines, motor truck, dump wagons, wheel tractor-dump wagon combination, wheel tractors, tires; off-highway trucks; articulated trucks; truck engines; agricultural tractors; locomotives; railcars; engines for land vehicles; brake air compressors for land vehicles; underground mining trucks, off-highway tractors; internal combustion fork lift trucks; electric fork lift trucks and parts for all said goods for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._012specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/en/wheelermachinery/grease-guns#facet:&productBeginIndex:0&orderBy:&pageView:grid&minPrice:&maxPrice:&pageSize:&currentEndIndex:0&scrollToProductId:undefined&filterByEquipment:true&
Webpage Date of Access: 05/28/2021

International Class 017:  Non-metal seals for use on pipe joints and flanges; insulation tapes; plastic tapes used as insulating, stopping and packing materials; adhesive tapes for industrial and commercial use; semi-processed brake lining material; clutch linings; cylinder jointing of rubber; cylinder jointing of gum; cylinder jointing of plastics; non-metal gaskets for commercial and industrial applications; insulating gloves; coupling and joints not of metal; rings of rubber or of plastic for use as pipe connection seals; sealing plugs made primarily of rubber; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators, electrical insulating tape, flexible plastic hoses for use in ventilation, hoses for air conditioners made of rubber, hydraulic hoses made of rubber, and non-metal oil hoses; electrical tape; moisture wicking sealant for fasteners, silicone-based sealant, adhesive sealant for industrial use, pipe sealant for use in sealing pipe joints and fittings, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

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 12/31/2009, and first used in commerce at least as early as 12/31/2009, 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) Non-metal seals for use on pipe joints and flanges; insulation tapes; plastic tapes used as insulating, stopping and packing materials; adhesive tapes for industrial and commercial use; semi-processed brake lining material; clutch linings; cylinder jointing of rubber; cylinder jointing of gum; cylinder jointing of plastics; non-metal gaskets for commercial and industrial applications; insulating gloves; coupling and joints not of metal; rings of rubber or of plastic for use as pipe connection seals; sealing plugs made primarily of rubber; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators, electrical insulating tape, flexible plastic hoses for use in ventilation, hoses for air conditioners made of rubber, hydraulic hoses made of rubber, and non-metal oil hoses; electrical tape; moisture wicking sealant for fasteners, silicone-based sealant, adhesive sealant for industrial use, pipe sealant for use in sealing pipe joints and fittings, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._017specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/en/wheelermachinery/o-ring-products
Webpage Date of Access: 05/28/2021

International Class 025:  Work, sport and casual clothing namely, caps, belts, headwear, t-shirts, sweat shirts, jackets, vests, gloves, mittens, rain wear, men's and women's shirts and pants, footwear.

In International Class 025, 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 01/31/1989, and first used in commerce at least as early as 01/31/1989, 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) Image of the mark in actual use in commerce via an Internet site at which a purchase transaction for the goods/services can be completed..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._025specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://parts.cat.com/en/wheelermachinery/311-2985
Webpage Date of Access: 05/28/2021

International Class 035:  Logistics consulting services, namely, order management and fulfillment services, warehouse management, inventory management, records accuracy management, retail stores featuring vehicles, equipment, and machines; retail stores featuring power generation equipment, generators, and tools; providing searchable computer databases, websites, and online information services relating to purchasing of equipment, machines, machine tools, and parts therefor; providing searchable computer databases, websites, and online information services relating to purchasing of engines and power generation equipment; providing searchable computer databases, websites, and online information services relating to renting of equipment, machines, machine tools, and parts therefor, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries

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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised, the image including the URL and the access date..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._035specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 036:  Providing searchable computer databases, websites, and online information services relating to financing of vehicles, equipment, machines, machine tools, and parts therefor; providing searchable computer databases, websites, and online information services relating to financing of engines and power generation equipment; Financing services; credit and loan services; lease-purchase loans; providing extended warranty and physical damage insurance, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries

In International Class 036, 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 12/31/1981, and first used in commerce at least as early as 12/31/1981, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised, the image including the URL and the access date..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._036specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 037:  Maintenance and repair services for internal combustion engines, tractors, scrapers, wagons, motor graders, scarifiers, bulldozers, rippers, cable-control units, hydraulic-control units, electric generators, diesel electric generator sets; vehicles and power equipment; material handling equipment; paving equipment; and parts, tools, control units, attachments, accessories and equipment associated with all of said products; and installation of repair parts for said products; rental services featuring equipment, machines, and machine tools; providing searchable computer databases, websites, and online information services relating to repair, maintenance and rental of equipment, machines, machine tools, engines and parts therefor, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised, the image including the URL and the access date..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._037specimen.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 039:  Freight brokerage; transport brokerage; freight forwarding; storage of goods; packaging of goods; provision of storage and transportation information; warehousing; vehicle rental services; providing lifting equipment for loading and unloading; product distribution in the nature of delivery of goods; logistics consulting services, namely, consulting in the field of transportation, storage and delivery of goods, manufacturing logistics, consolidation and deconsolidation services of shipments for delivery; rental of lifting equipment and machines for use in loading and unloading; rental services featuring lifting equipment, machines, and machine tools for use in loading and unloading, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 039, 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 12/31/1951, and first used in commerce at least as early as 12/31/1951, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._039specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://wheelercat.com/rental-equipment/machines/telehandlers/
Webpage Date of Access: 05/28/2021

International Class 040:  Rental of generators; rental of equipment, machines, and machine tools for use in oil and gas production; rental of equipment, and machines for use in oil production; rental services featuring power generation equipment, generators, and power generation tools; providing searchable computer databases, websites, and online information services relating to renting of equipment, machines, machine tools, and parts therefor for use in oil and gas production and power generation; providing searchable computer databases, websites, and online information services relating to renting of power generation equipment, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

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 01/29/1999, and first used in commerce at least as early as 01/29/1999, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised, the image including the URL and the access date..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._040specimen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Education services, namely, providing safety training, workshops, and seminars in the fields of safety, health, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 041, 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 01/01/2007, and first used in commerce at least as early as 01/01/2007, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._041specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://wheelercat.com/cold-weather-recommendations/
Webpage Date of Access: 05/28/2021

International Class 042:  Engineering services in the field of work environment safety, fleet productivity and utilization, job site efficiency, capturing new revenue streams, reducing waste, extending equipment life, conserving capital, improving cash flow, and regulatory compliance; providing online non-downloadable software for statistical analysis, data analysis, predictive analysis, remote monitoring of machinery, fleet productivity and utilization, extending equipment life, job site efficiency and job site office management and planning; design of computerized information systems; testing and inspection of engines and machinery; testing, control, diagnosis, calibration, and monitoring of vehicles, equipment, and machines; testing, control, diagnosis, calibration, and monitoring of engines, power generation equipment, equipment on jobsites, machine fleets, trucks, trucking fleets, and the operation of machines via computer networks and the Internet; remote control and operation of vehicles, equipment, and machines via temporary use of non-downloadable software used for testing, control, diagnosis, calibration, and monitoring of equipment; remote control and operation of engines and power generation equipment, all for use with machinery for construction, agriculture, municipal road repair, governmental, demolition, scrap handling, mining, oil and gas, landscaping, power generation and on-highway trucking industries.

In International Class 042, 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 06/30/1998, and first used in commerce at least as early as 06/30/1998, 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) Image of the mark in actual use in commerce via an Internet site at which the services are advertised..

Original PDF file:
SPE0-2410158176-202105281 51847053057_._042specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://wheelercat.com/service/certified-rebuild-center/
Webpage Date of Access: 05/28/2021


Miscellaneous Statement
For IC 001: The dates of use pertain to rust inhibitor fluid for preventing formation of rust in the cooling system of internal combustion systems. For IC 004: The dates of use pertain to lubricating-oils. For IC 006: The dates of use pertain to gasoline engines and road-working machines. For 007:The dates of use pertain to tractors adapted to be employed in farming operations, road building, mining, logging, earth moving, hauling, and for other industrial and agricultural purposes; internal combustion engines adapted for employment as the source of power for self-propelled vehicles, and as stationary or portable power units for industrial and agricultural uses; power and manually controlled graders, terracers, planers, scarifiers, leaning wheel graders, elevating graders, scrapers, bulldozers, levelers, plows, ditchers, bank cutters , and back slopers adapted to be employed for the construction and maintenance of roads, for moving and removing of earth, snow, and like materials, for preventing soil erosion and for other industrial and agricultural uses; parts and tools for all of said products and attachments, accessories and equipment associable with all of said products. For IC 009: The dates of use pertain to electric storage batteries, electric generators and diesel electric generator sets, and parts for these products. For IC 012: The dates of use pertain to tractors, tractor engines, track links, track shoes, grousers, grease guns; road construction and maintenance machinery, tools, and equipment-namely, graders, scarifiers, plows, logging machinery, tools, and equipment-namely, logging engines, and the parts for all said goods. For IC 025: The dates of use pertain to clothing, namely, belts, t-shirts, shorts, sweat pants, sweat shirts, jackets, vests, gloves, rain wear, socks, shirts, and pants. For IC 035: The dates of use pertain to retail stores featuring vehicles, equipment, and machines. For IC 036: The dates of use pertain to financing services; credit and loan services; lease-purchase loans; providing extended warranty and physical damage insurance. For IC 37: The dates of use pertain to service, maintenance, and repair of internal combustion engines, tractors, scrapers, wagons, motor graders, scarifiers, bulldozers, rippers, cable-control units, hydraulic-control units, electric generators, diesel electric generator sets; plows, tool bars, and parts, tools, attachments, accessories and equipment associated with all of said products; and installation of repair parts for said products. For IC 039: The dates of use pertain to product distribution in the nature of delivery of goods.


The owner's/holder's proposed attorney information: Todd E Zenger. Todd E Zenger of Duren IP PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      610 E. South Temple Street, Suite 300
      Salt Lake City, Utah 84102
      United States
      801-869-8538(phone)
      tzenger@durenip.com
The docket/reference number is 101.20.
Todd E Zenger 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:

Todd E Zenger

PRIMARY EMAIL FOR CORRESPONDENCE: tzenger@durenip.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $5950 has been submitted with the application, representing payment for 17 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: /Todd E. Zenger/   Date: 05/28/2021
Signatory's Name: Todd E. Zenger
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 801-869-8538
Signature method: Signed directly within the form
Payment Sale Number: 90742439
Payment Accounting Date: 05/28/2021

Serial Number: 90742439
Internet Transmission Date: Fri May 28 17:00:28 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021052817002877
6863-90742439-7807e32ee305e9733432acdadf
737459c63a7ee6bae420ce3419192989b23d564-
CC-00271728-20210528151847053057