Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97015498

Filing Date: 09/07/2021

To the Commissioner for Trademarks:

MARK: SANDPIPER (Standard Characters, see mark)
The literal element of the mark consists of SANDPIPER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Pointblank Design Inc., a corporation of Canada, having an address of
      1253 Wayne Court
      London, Ontario N6K3Z7
      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 003:  Sandpaper; abrasive paper
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 2091346, filed 03/11/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 008:  Hand tools, namely, sanding cards; flexible cards, namely, plastic to back up abrasives for wet or dry sanding; flexible abrasive cards, namely, abrasives attached to thin substrates; sets of sanding cards; sets of abrasive sanding cards; sets of PSA-backed sandpaper configured for sanding cards
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 2091346, filed 03/11/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: James L. Young. Other appointed attorneys are Timothy J. Sinnott, Bereskin & Parr LLP, Scotia Plaza, 40 King Street West, 40th Floor, Toronto, ON, M5H 3Y2, Canada. Recognized Canadian attorney(s)/agent(s) is/are Timothy J. Sinnott, Bereskin & Parr LLP. James L. Young of Westman, Champlin & Koehler, 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
      121 South Eighth Street, Suite 1100
      Minneapolis, Minnesota 55402
      United States
      612-330-0495(phone)
      612-334-3312(fax)
      jyoung@wck.com
The docket/reference number is TM133688US00.
James L. Young 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 hereby appoints James L. Young of Westman, Champlin & Koehler, P.A.
      121 South Eighth Street, Suite 1100
      Minneapolis Minnesota 55402
      United States
      612-330-0495(phone)
      612-334-3312(fax)
      jyoung@wck.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

James L. Young

PRIMARY EMAIL FOR CORRESPONDENCE: jyoung@wck.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tsinnott@bereskinparr.com; rdoerrler@wck.com; sbolster@bereskinparr.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 $700 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: /Greg Clarke/   Date: 09/07/2021
Signatory's Name: Greg Clarke
Signatory's Position: President
Signatory's Phone Number: +1-5196577638
Signature method: Sent to third party for signature
Payment Sale Number: 97015498
Payment Accounting Date: 09/07/2021

Serial Number: 97015498
Internet Transmission Date: Tue Sep 07 18:15:09 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210907181509055
066-97015498-781e78893333f896bb450b6599b
ba8defcbd3153492a81a7a9619e871ea6a122c8-
CC-15072811-20210907115125568019