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: 97370639

Filing Date: 04/19/2022

To the Commissioner for Trademarks:

MARK: Cumberland (stylized and/or with design, see mark)
The literal element of the mark consists of Cumberland. The applicant is not claiming color as a feature of the mark. The mark consists of The word Cumberland with the bottom portion of the letter C underlining the remaining letters of the word and the upper portion of the letter C having two swooshes.
The applicant, The GSI Group, a limited liability company legally organized under the laws of Delaware, having an address of
      P.O. Box 20
      1004 East Illinois Street
      Assumption, Illinois 62510
      United States
      620-327-5882(phone)
      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 006:  Metal bins for storing poultry feed; containers of metal for stock feed; silos of metal; Poultry cages of metal.

In International Class 006, 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 02/01/2022, and first used in commerce at least as early as 02/01/2022, 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) a copy of a brochure showing a picture of a feed tank showing use of the mark..

Original PDF file:
SPE0-72214204139-20220419 165751892026_._C-62_T-Bul k-Feed-Tanks.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 007:  Machines, namely mechanized poultry feeding systems comprised of tubing, power-driven augers, boots, and unloaders for delivering feed from storage bins to feeding locations; winching apparatus comprised of cables, pulleys, hangers, and motors for use in conjunction with poultry feeding apparatus; mechanized poultry feeders, namely pan feeders for use with poultry feeding apparatus; mechanized poultry feeders of the chain-and-auger type; mechanical conveyor apparatus for collecting poultry eggs; mechanised feeders for animals.

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 02/01/2022, and first used in commerce at least as early as 02/01/2022, 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) a photograph of a mechanized poultry feeding system showing use of the mark.

Original PDF file:
SPE0-72214204139-20220419 165751892026_._FeedingLin e.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 009:  Electric apparatus, namely electronic control panels for use with feeding apparatus, and weighing instruments for feed and grain; Electronic monitoring instruments, other than for medical use; Electronic Controllers for Controlling Environment in Poultry, Livestock and Swine Houses; Weighing machines; Electronic feed sensors.

In International Class 009, 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 02/01/2022, and first used in commerce at least as early as 02/01/2022, 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) a photograph of an electronic control panel for a poultry feeding apparatus showing use of the mark..

Original PDF file:
SPE0-72214204139-20220419 165751892026_._Electronic _Control_Panel.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 011:  Air circulating and ventilating apparatus for poultry houses; Automatic watering installations for poultry.

In International Class 011, 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 02/01/2022, and first used in commerce at least as early as 02/01/2022, 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) a page of an installation and operations manual for a fan show use of the mark..

Original PDF file:
SPE0-72214204139-20220419 165751892026_._Fan.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 017:  Pipe fittings comprised primarily of plastics.
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.

International Class 020:  Nesting boxes for poultry.

In International Class 020, 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 02/01/2022, and first used in commerce at least as early as 02/01/2022, 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) a page of an installation and operation manual for a nesting box for poultry showing use of the mark..

Original PDF file:
SPE0-72214204139-20220419 165751892026_._NestingBox.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 021:  Drinking troughs for poultry.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1954422.


For informational purposes only, applicant's website address is: www.cumberlandpoultry.com

The owner's/holder's proposed attorney information: Jeffrey S. Ellsworth. Jeffrey S. Ellsworth of AGCO Corporation, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      IP Department
      420 W. Lincoln Blvd.
      Hesston, Kansas 67062
      United States
      620-327-5882(phone)
      patents@agcocorp.com
The docket/reference number is TM2993.
Jeffrey S. Ellsworth 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:

Jeffrey S. Ellsworth

PRIMARY EMAIL FOR CORRESPONDENCE: patents@agcocorp.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 $2450 has been submitted with the application, representing payment for 7 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: /Jeffrey S. Ellsworth/   Date: 04/19/2022
Signatory's Name: Jeffrey S. Ellsworth
Signatory's Position: Attorney of record, OH bar member
Signatory's Phone Number: 620-327-5882
Signature method: Signed directly within the form
Payment Sale Number: 97370639
Payment Accounting Date: 04/19/2022

Serial Number: 97370639
Internet Transmission Date: Tue Apr 19 17:35:39 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202204191735390
41553-97370639-8201d1b634acb28b5ee13e753
e8e68afaf408b7c66b3498b20c3c2a03f2456fd-
DA-35380363-20220419165751892026