Application

PTO- 1478

Approved for use through 06/30/2021. 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 06/30/2021. 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: 90785156

Filing Date: 06/21/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a three-dimensional configuration of the exterior surface of the clasp. The clasp has a nearly rectangular shape as viewed from the front and features a shape that is convex towards the front, vertical sides that flare outward from the top to the bottom, a straight horizontal curved top when viewed from the front, and an outwardly projecting lip running along the lower portion of the clasp.
The applicant, Sistema Plastics Limited, a limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      15 Te Tiki Road, Mangere
      Auckland 2022
      New Zealand
      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 021:  Containers for domestic or kitchen purposes; household or kitchen utensils (not of precious metal or coated therewith), namely, serving spoons, spatulas; household or kitchen containers (not of precious metal or coated therewith); containers of plastic for household use; lunch boxes; buckets; baskets for household purposes; baskets, not of metal, for household purposes; baskets for domestic use, not of precious metal; laundry baskets for domestic use; laundry baskets for household use; laundry bins for domestic use; bottles, sold empty; water bottles, sold empty; plastic bottles, sold empty; plastic water bottles, sold empty; aluminium water bottles, sold empty; stainless steel water bottles, sold empty; vacuum bottles; insulated bottles (flasks) for household or domestic use; cups; drinking cups; insulated cups; tea infusers; drinking straws; insulating sleeves for holding bottles; insulating sleeves for holding beverage cans; insulating sleeves for holding beverage cups; ice cube moulds; plastic moulds for frozen confections; waste bins for domestic use; waste bins for household purposes; pedal bins; recycling bins, not of metal for household purposes; rubbish containers for household purposes; compost containers for household purposes; isothermic bags being insulated carriers for food and beverages; component parts and fittings for the foregoing goods

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 New Zealand application number 1180038, filed 05/31/2021.
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: Joseph T Kucala, Jr.. Joseph T Kucala, Jr. of KUCALA LAW LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      P.O. Box 547
      New Lenox, Illinois 60451
      United States
      630-453-8380(phone)
      uspto@kucalalaw.com
The docket/reference number is 1307/42.
Joseph T Kucala, Jr. 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:

Joseph T Kucala, Jr.

PRIMARY EMAIL FOR CORRESPONDENCE: uspto@kucalalaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joe@kucalalaw.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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 90785156
Payment Accounting Date: 06/21/2021

Serial Number: 90785156
Internet Transmission Date: Mon Jun 21 12:44:06 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210621124406451565-90785156-
7807d6ac711c5eb9ca78258747583943cb357e31
46d9358f5c722c843a1b292a16-CC-44042144-2
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