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: 97446933

Filing Date: 06/07/2022

To the Commissioner for Trademarks:

MARK: WAGNER (stylized and/or with design, see mark)
The literal element of the mark consists of WAGNER. The color(s) yellow and black is/are claimed as a feature of the mark. The mark consists of The mark consists of the word "WAGNER" in stylized font in the color black on a yellow background.
The applicant, J. Wagner GmbH, a limited liability company legally organized under the laws of Germany, having an address of
      Otto-Lilienthalstr. 18
      Markdorf 88677
      Germany
      +49-75445050(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 003:  chemicals for cleaning

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 018618869, filed 12/10/2021.
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 007:  Mechanical spraying, rinsing and cleaning apparatus and installations consisting thereof; steam cleaning and steam jetting apparatus; brush sweepers; combined washing and brushing machines; hard surface and hard floor cleaning machines; sweepers; Parts for the aforesaid goods, in particular brushes, hoses, hand spray guns and spray nozzles (parts of machines); street cleaning machines; water jet nozzles (parts of machines); nozzle holders (parts of machines); High-pressure hoses (parts of machines) of plastic with metal reinforcing inserts, in particular with wire mesh for mechanical spraying devices and spraying installations; valves (parts of machines); Electrically drivable installations and devices for atomizing, spraying or nebulizing gases and liquids; All installations mainly consisting of electrically operated pumps, nozzles, nozzle changing devices and with manually reversible or interchangeable nozzle holders and nozzle holders, nozzle sets and holders of plastic; Electrically operated hand tools, namely paint application devices, spraying and spraying devices; Mechanically operated hand-operated gardening and handwork implements; grinders (machines); grinding machines; Abrasive tools (parts of machines)

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 018618869, filed 12/10/2021.
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 spray devices for cleaning purposes (hand tools

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 018618869, filed 12/10/2021.
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 009:  protective and safety equipment; Safety goggles; protective masks; protective boots; breathing masks

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 018618869, filed 12/10/2021.
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 021:  Hand-operated cleaning implements for domestic and commercial use (household cleaning objects), in particular sweeping implements; hand-operated sprayers, included in class 21; all parts of the aforesaid goods

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 018618869, filed 12/10/2021.
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.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6636854, 4416744, 6620764, and others.


For informational purposes only, applicant's website address is: http://www.wagner-group.com/en/

The owner's/holder's proposed attorney information: Christopher L. Holt. Other appointed attorneys are Chris Volkmann; Chris Christenson. Christopher L. Holt of Kelly, Holt & Christenson, 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 100
      141 West 1st Street
      Waconia, Minnesota 55387
      United States
      612-743-3229(phone)
      trademarks@kchip.com
The docket/reference number is W94.22-0003.
Christopher L. Holt 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:

Christopher L. Holt

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@kchip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sgreenfield@khcip.com; cvolkmann@khcip.com; cholt@khcip.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 $1750 has been submitted with the application, representing payment for 5 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: /christopher l holt/   Date: 06/07/2022
Signatory's Name: Christopher L. Holt
Signatory's Position: Attorney
Signatory's Phone Number: 612-743-3229
Signature method: Signed directly within the form
Payment Sale Number: 97446933
Payment Accounting Date: 06/07/2022

Serial Number: 97446933
Internet Transmission Date: Tue Jun 07 16:26:20 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022060716262001
6652-97446933-820497f7c480fc6d9c7a692a46
321bfa942c64214e72de92de52bcdb6b4fdaf9-C
C-26181983-20220607152857283537