Application

PTO- 1478

Approved for use through 07/31/2021. 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 07/31/2021. 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: 90806918

Filing Date: 07/01/2021

To the Commissioner for Trademarks:

MARK: EXCEL (Standard Characters, see mark)
The literal element of the mark consists of EXCEL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Eden Equipment Company, Inc., a corporation of California, having an address of
      6231 E. Stassney Lane, BLDG 12 Unit 100
      Austin, Texas 78744
      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 011:  Replacement cartridges and filters for swimming pool and spa filtration and purification units

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 01/00/2010, and first used in commerce at least as early as 01/00/2010, 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) screenshots of Applicant's website showing the goods with the mark and the "Add to Cart" feature for purchase of the goods.

Original PDF file:
SPE0-21620115974-20210701 100319934163_._EXCEL_spec _1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-21620115974-20210701 100319934163_._EXCEL_spec _2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://excelfilters.com/collections/replacement-filter-cartridges-pentair/products/clean-clear-plus-520-replacement-filter-cartridge-excel-filters?variant=32516292771911
Webpage Date of Access: 07/01/2021
Webpage URL: http://excelfilters.com/collections/replacement-pool-filter-cartridges-hayward-singles/products/hayward-cx880re-replacement-filter-cartridge?variant=1836691652629
Webpage Date of Access: 07/01/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1380276 and 1819840.


The owner's/holder's proposed attorney information: Megan R. Bradshaw. Other appointed attorneys are all other attorneys of the firm. Megan R. Bradshaw of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-322-5200(phone)
      512-322-5201(fax)
      tmcentral@pirkeybarber.com
The docket/reference number is EDEN007US.
Megan R. Bradshaw 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:

Megan R. Bradshaw

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): seastley@pirkeybarber.com; mbradshaw@pirkeybarber.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: /Joe Kovach/   Date: 07/01/2021
Signatory's Name: Joe Kovach
Signatory's Position: President
Signatory's Phone Number: 3104024113
Signature method: Sent to third party for signature
Payment Sale Number: 90806918
Payment Accounting Date: 07/01/2021

Serial Number: 90806918
Internet Transmission Date: Thu Jul 01 16:48:06 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202107011648064
31879-90806918-7803b93507952c07ff0bebdaa
64394db0bf5e00b7fc108385c51494eee39e6516
-CC-48040742-20210701100319934163