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: 97387881

Filing Date: 04/29/2022

To the Commissioner for Trademarks:

MARK: KIRBY (stylized and/or with design, see mark)
The literal element of the mark consists of KIRBY. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized trademark for letters KIRBY.
The applicant, KIRBY OPCO, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      SUITE 705
      222 NORTH LASALLE STREET
      CHICAGO, Illinois 60601
      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 003:  BUFFING AND POLISHING ACCESSORIES, WALL AND SURFACE CLEANING PREPARATIONS, RUG AND UPHOLSTERY SHAMPOO, RUG AND UPHOLSTERY CLEANERS, HARD FLOOR CLEANERS, CLEANING SUPPLIES, FABRIC DETERGENTS FOR RUG AND UPHOLSTERY FABRICS.

In International Class 003, 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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/shop/hard-floor-cleaner-concentrate-24-oz/
Webpage Date of Access: 04/25/2022

International Class 005:  HOUSEHOLD DEODORIZERS.

In International Class 005, 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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/shop/kirby-pet-owners-carpet-shampoo/
Webpage Date of Access: 04/25/2022

International Class 009:  ELECTRIC VACUUM CLEANERS FOR DOMESTIC USE, AND PARTS, ATTACHMENTS, AND ACCESSORIES THEREFORE - NAMELY, MULTI-SURFACE SHAMPOO SYSTEM, BUFFING ATTACHMENTS, SANDING ATTACHMENTS, SPRAY GUNS, POLISHING, ATTACHMENTS, SUDS GENERATORS, FLOOR DUSTERS AND BUFFERS, FLOOR POLISHERS, RUG WASHING ATTACHMENTS, MOTOR ASSEMBLIES, BAGS, BELTS, BRUSHES, VACUUM NOZZLES, INFLATOR/DEFLATOR NOZZLES, CREVICE TOOLS, HOSE EXTENSION TUBES, POWER CORDS, HANDLES, ELECTRICAL SWITCHES, POWER TRAINS, FLEXIBLE SHAFTS.

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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/shop/kirby-avalir-2-vacuum/
Webpage Date of Access: 04/25/2022

International Class 016:  DISPOSABLE VACUUM CLEANER FILTER BAGS; POSTERS.

In International Class 016, 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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/shop/kirby-filter-bags-2-pack/
Webpage Date of Access: 04/25/2022

International Class 025:  APPAREL, NAMELY LONG AND SHORT SLEEVE SHIRTS; PULLOVERS, SWEATSHIRTS, HATS; AND BACKPACKS.

In International Class 025, 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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/shop/ladies-gray-kirby-athletic-shirt/
Webpage Date of Access: 04/25/2022

International Class 035:  FACTORY AUTHORIZED DISTRIBUTORSHIP SERVICES FEATURING VACUUM CLEANER AND VACUUM CLEANER PARTS AND SUPPLIES; AND ONLINE RETAIL STORE SERVICES.

In International Class 035, 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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/shop/kirby-filter-bags-2-pack/
Webpage Date of Access: 04/25/2022

International Class 037:  VACUUM CLEANER REPAIR AND REBUILDING SERVICES.

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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/kirby-owner-support/find-a-kirby-service-center/
Webpage Date of Access: 04/25/2022

International Class 042:  FACTORY AUTHORIZED DISTRIBUTORSHIP SERVICES FEATURING VACUUM CLEANERS AND VACUUM CLEANER PARTS AND SUPPLIES.

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 04/25/2022, and first used in commerce at least as early as 04/25/2022, 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) website.
Specimen File1
Webpage URL: http://www.kirby.com/find-a-kirby-distributor/
Webpage Date of Access: 04/25/2022



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1185521, 1210015, 2004420, and others.


The owner's/holder's proposed attorney information: JOHN A. YIRGA. JOHN A. YIRGA of TAROLLI, SUNDHEIM, COVELL & TUMMINO LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1700
      1300 E. 9th Street
      Cleveland, Ohio 44114
      United States
      216-621-2234 x135(phone)
      216-621-4072(fax)
      jyirga@tarolli.com
The docket/reference number is SFK-194794.
JOHN A. YIRGA 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:

JOHN A. YIRGA

PRIMARY EMAIL FOR CORRESPONDENCE: jyirga@tarolli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@tarolli.com; cplacko@tarolli.com; yirga10@yahoo.com; jyirga@tarolli.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 $2800 has been submitted with the application, representing payment for 8 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: /JOHN A. YIRGA/   Date: 04/29/2022
Signatory's Name: JOHN A. YIRGA
Signatory's Position: ATTORNEY OF RECORD, OHIO STATE BAR
Signatory's Phone Number: 216-621-2234 x135
Signature method: Signed directly within the form
Payment Sale Number: 97387881
Payment Accounting Date: 04/29/2022

Serial Number: 97387881
Internet Transmission Date: Fri Apr 29 00:45:58 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20220429004558623
826-97387881-82007259814b3fb34956fc15840
e1f86bfc1680e29c594fc4a4c76acfa024782b-C
C-45573806-20220429000153739370