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: 97555528

Filing Date: 08/19/2022

To the Commissioner for Trademarks:

MARK: EMS (stylized and/or with design, see mark)
The literal element of the mark consists of EMS. The color(s) blue is/are claimed as a feature of the mark. The mark consists of the letters EMS in dark blue block form. The letters "E" and "S" contain a diagonal. The letters are centered in a light blue stylized hexagon.
The applicant, Eastern Metal Supply, Inc, a corporation of Florida, having an address of
      4268 WestRoads Drive
      West Palm Beach, Florida 33407
      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 006:  Doors and windows of metal; Metal shutter curtain assemblies comprised of interlocking blade extrusions; storm panels; roll-up products, namely metal rolling window shutters; and metal hardware for metal shutter curtain assemblies and metal rolling window shutters, namely guide tracks and mounting fasteners and metal screws; metal building materials, namely, hurricane storm and security panels for windows and doors; awnings of metal; fences 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 08/01/2022, and first used in commerce at least as early as 08/01/2022, 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) excerpts from applicants website showing use of the mark in connection with offering of the goods.

Original PDF file:
SPE0-4592890-202208171709 22767178_._Class_6_Specim en_of_Use.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Webpage URL: http://www.easternmetal.com/
Webpage Date of Access: 08/17/2022

International Class 019:  Non-metal windows and doors; Non-metal shutter curtain assemblies comprised of interlocking blade extrusions; non-metal storm panels; roll-up products, namely, non-metal rolling window shutters; and replacement parts for the aforesaid goods, namely, guide tracks and mounting fasteners; Non-metal construction materials, namely, plastic boards for fabricating decks, porches and docks

In International Class 019, 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 08/01/2022, and first used in commerce at least as early as 08/01/2022, 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) excerpts from applicants website showing use of the mark in connection with offering of the goods.

Original PDF file:
SPE0-4592890-202208171709 22767178_._Class_19_Speci men_of_Use.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: http://www.easternmetal.com/
Webpage Date of Access: 08/17/2022




The owner's/holder's proposed attorney information: Daniel P. Mullarkey. Other appointed attorneys are Adam Weiss, Matthew Smith, Matt Todd, Laila S. Wolfgram, Hillary Maynard, and other attorneys at the firm. Daniel P. Mullarkey of Polsinelli PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO BOX 140310
      Kansas City, Missouri 64114-0310
      United States
      202-626-8305(phone)
      202-783-3535(fax)
      uspt@polsinelli.com
The docket/reference number is 085179.
Daniel P. Mullarkey 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:

Daniel P. Mullarkey

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dmullarkey@polsinelli.com; jolsen@polsinelli.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 $700 has been submitted with the application, representing payment for 2 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: /William Feeley/   Date: 08/19/2022
Signatory's Name: William Feeley
Signatory's Position: Director, HPP
Signatory's Phone Number: 15617193997
Signature method: Sent to third party for signature
Payment Sale Number: 97555528
Payment Accounting Date: 08/19/2022

Serial Number: 97555528
Internet Transmission Date: Fri Aug 19 10:01:19 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XX.XX-2022081910011964270
3-97555528-8204a5e88b39c773aaaadc7e9a1cb
d0b855beaef6475d4eb247ac58cfa78453f351-D
A-01194693-20220817170922767178