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: 97554862

Filing Date: 08/18/2022

To the Commissioner for Trademarks:

MARK: AVAIL (stylized and/or with design, see mark)
The literal element of the mark consists of AVAIL. The applicant is not claiming color as a feature of the mark. The mark consists of the word AVAIL with three slanted bars to the left of the word and wherein the V is comprised of space between the two A's and an inverted triangle.
The applicant, AIS Holding Company LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 500
      3100 W 7th Street
      Fort Worth, Texas 76107
      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 009:  Electric switch enclosures and switchgear units for use in the electrical power industry; portable substations for use in the electrical power industry; electrical enclosures for transformers and switchgears; electrical connectors; electrical connections; electrical power connectors; packaged equipment centers for switchgears, electric motor control centers, electric motor starters, variable frequency drives, relay and control panels and other electrical equipment; electrical relay panels
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 037:  Construction, installation, maintenance or repair of enclosures for electrical power generation, transmission and distribution; construction, installation, maintenance or repair of enclosures for electrical infrastructure equipment; construction, installation, maintenance or repair of enclosures for data centers; construction, installation, maintenance or repair of electric switch enclosures and switchgear units for use in the electrical power industry, portable substations for use in the electrical power industry, and electrical enclosures for transformers and switchgears; construction, installation, maintenance or repair of packaged equipment centers for switchgears, electric motor control centers, electric motor starters, variable frequency drives, relay and control panels and other electrical equipment; construction, installation, maintenance or repair of electrical relay panels
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 042:  Engineering design services; custom design and engineering of electric switch enclosures and switchgear units for use in the electrical power industry, portable substations for use in the electrical power industry, and electrical enclosures for transformers and switchgears; custom design and engineering of packaged equipment centers for switchgears, electric motor control centers, electric motor starters, variable frequency drives, relay and control panels and other electrical equipment; custom design and engineering of electrical relay panels
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.




The owner's/holder's proposed attorney information: Cole Mackey. Cole Mackey of Mackey Law Firm PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 260
      9525 Katy Freeway
      Houston, Texas 77024
      United States
      346-954-8287(phone)
      346-954-8287(fax)
      ip@mackey.legal
The docket/reference number is 40843-4001US.
Cole Mackey 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:

Cole Mackey

PRIMARY EMAIL FOR CORRESPONDENCE: ip@mackey.legal        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cole@mackey.legal 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 $1050 has been submitted with the application, representing payment for 3 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: /ian j gilpatrick/   Date: 08/18/2022
Signatory's Name: Ian Gilpatrick
Signatory's Position: Vice President of Business Strategy
Signatory's Phone Number: 713-591-1303
Signature method: Sent to third party for signature
Payment Sale Number: 97554862
Payment Accounting Date: 08/18/2022

Serial Number: 97554862
Internet Transmission Date: Thu Aug 18 18:14:36 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20220818181436864269-97554862-
820148e9f47f11a8eec4d7165c907bd6e6acbbf9
2f144e1158bc14d31e2176d-CC-14350211-2022
0818042806548087