TEAS Plus New 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

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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

TEAS Plus Application

Serial Number: 90759332

Filing Date: 06/07/2021

To the Commissioner for Trademarks:

MARK: EXCEL (stylized and/or with design, see mark)
The literal element of the mark consists of EXCEL. The mark consists of a distinctive and stylistic encircled grouping of intersecting tools that create a six pointed figure resembling an asterisk and the word EXCEL written in a stylistic form. The encircled grouping of tools is made up of a figure that resembles a framing square in the shape of an upper case "L" with a vertical and thin rectangle and a horizontal and thin rectangle meeting at their ends to form a ninety degree angle. The "L" shaped framing square figure is placed vertically in the center of the circle so that the horizontal portion of the figure is at the bottom of the circle and extended to the right. Placed diagonally in the encircled grouping of tools and intersecting with the "L" shaped framing square figure in the middle of the encircled grouping of tools is a figure that resembles a hammer. The hammer figure is placed so that the head of the hammer is in the upper left portion of the circle with the handle of the hammer extending to the bottom right of the circle. These figures are set in a stylistic way with the lower part of the handle of the hammer almost touching the lower and horizontal part of the "L" shaped framing square figure. Placed diagonally in the encircled grouping of tools and intersecting with the hammer figure and "L" shaped framing square figure in the middle of the encircled grouping of tools is a figure that resembles leveling tool. The rectangular shaped leveling tool figure is placed so that one end of the rectangular based figure is on the bottom left of the circle and the other end is at the top right of the circle. The leveling tool figure is set forth stylistically as a long thin rectangle with two small circles, just smaller than the width of the rectangle, symmetrically set forth at each end of the rectangular shaped leveling tool figure. To the right of the encircled grouping of tools, the word EXCEL is written in all upper case and bold lettering and in a stylistic manner. The word EXCEL is set forth in a font consisting of unique characteristics which include a lack of curvature at the ends of the characters and symmetrical design of the characters which give the appearance of rectangular or "boxed" lettering.
The applicant, EXCEL Construction of Florida Inc., a corporation of Florida, having an address of
      11860 West State Road 84, B11
      Davie, Florida 33325
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 037:  Building construction services

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 037, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/14/2019, and first used in commerce at least as early as 08/14/2019, 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) Construction services description from company's website displaying mark..

Original PDF file:
SPE0-9646247166-202106071 73420077047_._South_Flori da_Construction_Services.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-9646247166-202106071 73420077047_._Website_Mai npage_Screenshot.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-9646247166-202106071 73420077047_._Project_Man agement_Services.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Construction drafting

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/14/2019, and first used in commerce at least as early as 08/14/2019, 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) Description of construction drafting services from company's website displaying mark..

Original PDF file:
SPE0-199167103115-2021060 7173420077047_._Website_M ainpage_Screenshot.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-199167103115-2021060 7173420077047_._Design_an d_Build_Services.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-199167103115-2021060 7173420077047_._Project_M anagement_Services.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: Harsh Arora. Other appointed attorneys are Efraim Adler. Harsh Arora of Kelley Kronenberg, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10360 W. State Road 84
      Fort Lauderdale, Florida 33324
      United States
      305-367-1625(phone)
      harora@kklaw.com

Harsh Arora 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:

Harsh Arora

PRIMARY EMAIL FOR CORRESPONDENCE: harora@kklaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): eadler@kklaw.com; dgarcia@kklaw.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 $500 has been submitted with the application, representing payment for 2 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: /Eric Wolf/   Date: 06/07/2021
Signatory's Name: Eric M. Wolf
Signatory's Position: President
Signature method: Signed directly within the form
Payment Sale Number: 90759332
Payment Accounting Date: 06/07/2021

Serial Number: 90759332
Internet Transmission Date: Mon Jun 07 18:40:34 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20210607184034
202661-90759332-7803c66c58f5026c761a69ef
6513eaee99c7019ab7672d89b73fab2dc7d3a6ed
f-CC-40320155-20210607173420077047