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: 97239573

Filing Date: 01/26/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) grey and blue is/are claimed as a feature of the mark. The mark consists of wiha TerminatorBlue (figurative).
The applicant, Wiha Werkzeuge GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Germany, having an address of
      Obertalstr. 3-7
      Schonach D-78136
      Germany
      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:  Electrically operated and power-operated hand tools, in particular drilling screws, screwdrivers, drills, power drills and screwdriver bits; Adapters, ratchets, screwdriver bits, holders for screwdriver bits, screwdriver grips, handles and slot boxes for power-operated hand tools as well as other parts and fittings for electrically operated and power operated hand tools
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 European Union Trademark - EUTM application number 018643618, filed 01/24/2022.
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 operated hand tools, in particular screwdrivers, screwdriver bits, finishing hammers, pliers; Screwdriver bits and holders for screwdriver bits, for use in hand-operated hand tools; Screwdriver grips for hand tools and receptacles for these parts; Hand-operated torque calculating tools
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 European Union Trademark - EUTM application number 018643618, filed 01/24/2022.
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: Geoffrey D. Aurini. Other appointed attorneys are any and all attorneys associated with Harness, Dickey & Pierce, P.L.C.. Geoffrey D. Aurini of Harness, Dickey & Pierce, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 200
      5445 Corporate Drive
      Troy, Michigan 48098
      United States
      248-641-1600(phone)
      248-641-0270(fax)
      troymailroom@harnessip.com
The docket/reference number is 2693-200302.
Geoffrey D. Aurini 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 Geoffrey D. Aurini of Harness, Dickey & Pierce, P.L.C.
      5445 Corporate Drive
      Suite 200
      Troy Michigan 48098
      United States
      248-641-1600(phone)
      248-641-0270(fax)
      troymailroom@harnessip.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:

Geoffrey D. Aurini

PRIMARY EMAIL FOR CORRESPONDENCE: troymailroom@harnessip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gaurini@harnessip.com; palanglois@harnessip.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: /gda/   Date: 01/26/2022
Signatory's Name: Geoffrey D. Aurini
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: 248-641-1238
Signature method: Sent to third party for signature
Payment Sale Number: 97239573
Payment Accounting Date: 01/26/2022

Serial Number: 97239573
Internet Transmission Date: Wed Jan 26 15:02:50 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202201261502501
26083-97239573-810e7a159e7dc4a919ef93d19
94837de64cf4690db24cd709968e4ab57bb0c0-D
A-02490184-20220126091527211885