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: 97134522

Filing Date: 11/19/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) green is/are claimed as a feature of the mark. The mark consists of the color green as applied to the top, front and both sides. The dotted lines are intended to show the position of the mark and are not part of the mark as shown.
The applicant, Forney Industries, Inc., a corporation of Colorado, having an address of
      2057 Vermont Drive
      Fort Collins, Colorado 80525
      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 007:  Battery chargers

In International Class 007, 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 10/05/2011, and first used in commerce at least as early as 10/05/2011, 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) Catalogs, store displays and website point of sale page that shows Applicant's green color mark on Applicant's products.

Original PDF file:
SPE0-260128270147c0f09ddb 4e8f4c98ef-20211118164326 808805_._Forney_Green_Cha rger_Spec_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-260128270147c0f09ddb 4e8f4c98ef-20211118164326 808805_._Forney_Green_Cha rger_Spec_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-260128270147c0f09ddb 4e8f4c98ef-20211118164326 808805_._Forney_Green_Cha rger_Spec_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-260128270147c0f09ddb 4e8f4c98ef-20211118164326 808805_._Forney_Green_Cha rger_Spec_4.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-260128270147c0f09ddb 4e8f4c98ef-20211118164326 808805_._Forney_Green_Cha rger_Spec_5.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-6717324246-202111181 64326808805_._Forney_Gree n_Charger_Spec_6.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: www.forneyind.com
Webpage Date of Access: 11/18/2021



SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 6406345.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-6717324246-164326808_ ._Green_Battery_Charger_S ection_2_f__Evidence.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Trent Martinet. Trent Martinet of Davis Graham & Stubbs LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1550 17th St., Ste. 500
      Denver, Colorado 80202
      United States
      303-892-9400(phone)
      303-893-1379(fax)
      trent.martinet@dgslaw.com
The docket/reference number is 061044-0006.
Trent Martinet 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:

Trent Martinet

PRIMARY EMAIL FOR CORRESPONDENCE: trent.martinet@dgslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gayle.wolfe@dgslaw.com; james.law@dgslaw.com; ip-docketing@dgslaw.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: /Steve Anderson/   Date: 11/19/2021
Signatory's Name: Steve Anderson
Signatory's Position: President/CEO
Signatory's Phone Number: 970-494-6829
Signature method: Sent to third party for signature
Payment Sale Number: 97134522
Payment Accounting Date: 11/19/2021

Serial Number: 97134522
Internet Transmission Date: Fri Nov 19 16:07:00 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021111916070098
3558-97134522-781fc1555fd41cf37f940b4cd1
f1d216cbb2ec2586f87f8d8fbe205330b2b9238-
DA-07000222-20211118164326808805