TEAS Plus New 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

TEAS Plus Application

Serial Number: 97246802

Filing Date: 01/31/2022

To the Commissioner for Trademarks:

MARK: MIDWEST (stylized and/or with design, see mark)
The literal element of the mark consists of MIDWEST. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized word "Midwest" with stylized balls ranging from small to large in size in a circle above the letter "I" of "MIDWEST".
The applicant, Midwest Industrial Supply, Inc., a corporation of Ohio, having an address of
      P.O. Box 8431
      Canton, Ohio 44711
      United States
      XXXX
Midwest Industrial Supply, Inc., having a domicile address of:

      XXXX
      XXXX, XXXX XXXX
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 007:  Power-operated industrial atomizers for spraying liquids for dust suppression

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 007, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/01/2019, and first used in commerce at least as early as 09/01/2019, 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) product with trademark on it.

Original PDF file:
SPE0-7061236186-202201311 62324443158_._Midwest_Orb _specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4072696, 3996192, and 5778422.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
MIDWEST 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.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
MIDWEST 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). 4072696; 3996192; and 5778422 .


The owner's/holder's proposed attorney information: Daniel A. Thomson. Other appointed attorneys are Roger D. Emerson, Timothy D. Bennett, John M. Skeriotis, Bradley A. Hough, Peter R. Detorre, Sergey Vernyuk, Warren A. Rosborough. Daniel A. Thomson of Emerson Thomson Bennett, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1914 Akron-Peninsula Road
      Akron, Ohio 44313
      United States
      330-434-9999(phone)
      330.434.8888(fax)
      iplaw@etblaw.com
The docket/reference number is 40910.50239.
Daniel A. Thomson 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:

Daniel A. Thomson

PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@etblaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $250 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: /Daniel A. Thomson/   Date: 01/31/2022
Signatory's Name: Daniel A. Thomson
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 330-434-9999
Signature method: Signed directly within the form
Payment Sale Number: 97246802
Payment Accounting Date: 01/31/2022

Serial Number: 97246802
Internet Transmission Date: Mon Jan 31 16:36:44 ET 2022
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2022013116364429
4889-97246802-8105edd9b632a148fe3b9a8e86
30fb3a1f675edde58409af96382d1da70c3987c-
DA-36444770-20220131162324443158