Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97072781

Filing Date: 10/13/2021

To the Commissioner for Trademarks:

MARK: MERRICK (stylized and/or with design, see mark)
The literal element of the mark consists of MERRICK. The mark consists of the wording "MERRICK" in capitalized format and underline: to the left of the wording appears an image of several cubes in the shape of a square with a dot in the center.
The applicant, Merrick & Company, a corporation of Colorado, having an address of
      5970 Greenwood Plaza Blvd.
      Greenwood Village, Colorado 80111
      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 037:  Construction of commercial, industrial and governmental facilities; construction management of commercial, industrial and governmental facilities

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 04/00/2017, and first used in commerce at least as early as 04/00/2017, 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) Screenshot of Applicant's website displaying the mark for the applied for services.

Original PDF file:
SPE0-1-631752310-20211013 124115425240_._Specimen_3 7.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: http://www.merrick.com/services/
Webpage Date of Access: 08/30/2021
Webpage URL: http://www.merrick.com/markets/
Webpage Date of Access: 08/30/2021
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 042:  Engineering services related to building construction such as electrical and control systems engineering, facilities engineering, process engineering, power engineering, and constructing buildings; architectural design services, geographic information systems services in the nature of mapping services and photogrammetry services; surveying; geospatial mapping; design of commercial, industrial and government facilities

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 04/00/2017, and first used in commerce at least as early as 04/00/2017, 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) Screenshot of Applicant's website displaying the mark for the applied for services.

Original PDF file:
SPE0-631752310-2021101312 4115425240_._Specimen_42.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.merrick.com/services/
Webpage Date of Access: 08/30/2021
Webpage URL: http://www.merrick.com/services/engineering/
Webpage Date of Access: 08/30/2021
Webpage URL: http://www.merrick.com/markets/
Webpage Date of Access: 08/30/2021



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1986648.


The owner's/holder's proposed attorney information: J. Damon Ashcraft. Other appointed attorneys are Dax Alvarez, J. Damon Ashcraft, David G. Barker, Anne Bolamperti, Ross E. Breyfogle, Christopher Bright, Robert A. Clarke, John J. Dabney, Michelle Emeterio, Jonathan B. Fitzgerald, Andrew Flior, R. Lee Fraley, Albin H. Gess, Kyle Graves, Deborah Gubernick, Mary D. Hallerman, Charles F. Hauff, Jr., James L. Johnson, Hyeon Kim, Richard Y. Kim, Peter Krehbiel, Grant T. Langton, Sid Leach, Kent A. Lembke, Gabrielle M. Morlock, Jeffrey D. Morton, William F. Mulholland II, David P. Nigro, Paul A. Pappalardo, Cynthia L. Pillote, John H. Platt, Ryan D. Ricks, David E. Rogers, Gregory Scheiferstein, Howard I. Sobelman, Ketan S. Vakil, Jon Ustundag, Michele N. Washington, Tyler Wolf, April Wurster. J. Damon Ashcraft of Snell & Wilmer L.L.P., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      One Arizona Center
      400 E. Van Buren St.
      Phoenix, Arizona 85004
      United States
      602-382-6389(phone)
      602-382-6070(fax)
      ipdocket@swlaw.com
The docket/reference number is 67289.00200.
J. Damon Ashcraft 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:

J. Damon Ashcraft

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@swlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dashcraft@swlaw.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: /jda51024/   Date: 10/13/2021
Signatory's Name: J. Damon Ashcraft
Signatory's Position: Attorney of Record, AZ Bar Member
Signatory's Phone Number: 602-382-6389
Signature method: Sent to third party for signature
Payment Sale Number: 97072781
Payment Accounting Date: 10/13/2021

Serial Number: 97072781
Internet Transmission Date: Wed Oct 13 15:44:16 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20211013154416291
708-97072781-7815324d2972e5d4ce963e232fb
a9db83d45369e8551e3447b1715547ba12f2270-
DA-44152209-20211013124115425240