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: 97537468

Filing Date: 08/05/2022

To the Commissioner for Trademarks:

MARK: PORTAL (Standard Characters, see mark)
The literal element of the mark consists of PORTAL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hess Lighting II, Inc., DBA HessAmerica, a corporation of Delaware, having an address of
      P.O. Box 28
      Gaffney, South Carolina 29341
      United States
      XXXX
Hess Lighting II, 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:

International Class 011:  Electric lighting fixtures

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 05/01/2018, and first used in commerce at least as early as 05/01/2018, 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) screenshots of webpages bearing the mark from which the goods may be ordered; screenshots of online catalogue from which the goods may be ordered; specification sheets for the goods bearing the mark; screenshots of webpages showing ordering information; and PDF copy of flow chart showing the ordering process for lighting fixtures.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Original PDF file:
SPE0-19294203252-20220805 135256372962_._Specimen_9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-19294203252-20220805 143536790230_._SPECIFICAT ION_SHEET_PORTAL_BENCH_no n-illuminated.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.hessamerica.com//site-benches/portal
Webpage Date of Access: 08/05/2021
Webpage URL: http://www.hessamerica.com/about
Webpage Date of Access: 08/05/2021
Webpage URL: http://www.hessamerica.com/
Webpage Date of Access: 08/05/2021
Webpage URL: http://www.hessamerica.com/sales-agents
Webpage Date of Access: 08/05/2021
Webpage URL: http://www.hessamerica.com/contact
Webpage Date of Access: 08/05/2021
Webpage URL: http://www.hessamerica.com/terms-and-conditions
Webpage Date of Access: 08/05/2021
Webpage URL: http://www.hessamerica.com/_files/ugd/4cac16_064ab2a4a88a4488a4270f50fd73f36a.pdf
Webpage Date of Access: 08/05/2021


Miscellaneous Statement
Registrant's website from which the specimens submitted herewith are taken is used by architects, interior design firms, electrical engineering firms, and other design firms to select and specify products to be used in their projects. These professionals no longer use paper catalogs for the types of products sold by registrant (which are not typically sold at retail). The professionals review the products online and use the specification sheets in the online catalog to specify the products and quantity to be purchased. Then, using the page of the "Sales Agents" that lists the various U.S. states and countries that Registrant's Agents are in, they locate a local HessAmerica representative and the professional specifies the products to be used for his or her project using the Order Information page and then they submit orders for the lighting fixtures through their local electrical supplier or directly to Registrant. In the commercial lighting industry today, the purchase of commercial lighting fixtures, which are typically for very large projects, is handled by professionals such as architects, design firms and electrical engineering firms, not the owner or party that ultimately pays for the products. A chart showing the typical design and delivery process is attached as Specimen 9. When all of these parties are in agreement, a price is set.


The owner's/holder's proposed attorney information: Kristen S. Ruisi. Other appointed attorneys are Pasquale A. Razzano. Kristen S. Ruisi of VENABLE, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Rockefeller Center
      1270 Avenue of the Americas, 24th Fl.
      New York, New York 10020
      United States
      212-503-0559(phone)
      KSRuisi@venable.com
The docket/reference number is 140966565714.
Kristen S. Ruisi 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:

Kristen S. Ruisi

PRIMARY EMAIL FOR CORRESPONDENCE: KSRuisi@venable.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): PARazzano@venable.com; NYIPDocketing@venable.com; khamilton@venable.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 $350 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: /KR/   Date: 08/05/2022
Signatory's Name: Kristen S. Ruisi
Signatory's Position: Attorney of Record, NY Bar Member
Signatory's Phone Number: 212-503-0559
Signature method: Sent to third party for signature
Payment Sale Number: 97537468
Payment Accounting Date: 08/05/2022

Serial Number: 97537468
Internet Transmission Date: Fri Aug 05 16:48:55 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202208051648550
63417-97537468-82059bef551762123cd98267e
164cf79ca3e8dca49dab7685b630667cd935fa12
70-CC-48532864-20220805143536790230