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: 97643271

Filing Date: 10/21/2022

To the Commissioner for Trademarks:

MARK: THE RED DRAIN COMPANY (Standard Characters, see mark)
The literal element of the mark consists of THE RED DRAIN COMPANY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Oakville Stamping & Bending Ltd., a limited company (ltd.) legally organized under the laws of Canada, having an address of
      2200 Speers Road, Unit C
      Oakville, ON L6L2X8
      Canada
      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:  Bath waste system namely offset and direct drain outlet pipe configuration for plumbing; bath waste and overflow fittings; Waste fittings in the field of plumbing, namely, traps, lavatory drains, shower drains, couplings, sink strainers, and pipes being parts of sanitary facilities in the nature of continuous wastes, tailpieces, extension tubes, threaded tubes, and waste and overflow; Plumbing components in the nature of plumbing fittings, namely, drain fittings, waste fittings in the nature of couplers, sink strainers, valves, drains, overflow fittings in the nature of tub parts, namely, tub overflows; couplers, sink strainers, valves, drains, pipes being parts of sanitary facilities in the nature of vent fittings, sewer fittings in the nature of couplers, sink strainers, valves, drains, backwater valves; Plumbing fittings in the nature of drains, namely, shower drains and utility drains; Brass and plastic plumbing fixture waste fittings, namely, baffles, valves, traps; Pipes being parts of sanitary facilities in the nature of waste and overflow units for bathtubs
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.

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 Canada application number 2216394, filed 10/18/2022.
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 019:  Metal pipe fittings, namely, plastic plumbing fixture waste fittings
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.

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 Canada application number 2216394, filed 10/18/2022.
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 020:  Plastic plumbing fixture waste pipe fittings
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.

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 Canada application number 2216394, filed 10/18/2022.
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:  Plumbing supplies, namely, closures for bath and sink drains in the nature of drain stoppers for sinks and drains
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.

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 Canada application number 2216394, filed 10/18/2022.
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 040:  Manufacturing and distributing plumbing products, namely, plumbing fittings and plumbing fixtures
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.

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 Canada application number 2216394, filed 10/18/2022.
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.




The owner's/holder's proposed attorney information: Alisa C. Simmons. Other appointed attorneys are Joseph E. Shipley, Joseph T. Nabor, Karl R. Fink, Mark W. Hetzler, Timothy P. Maloney, Stephen S. Favakeh, Richard E. Wawrzyniak, Steven G. Parmelee, Thomas F. Lebens, Kendrew H. Colton, Scott J. Menghini, Rudy Kratz, Edward E. Clair, John E. Lyhus, Jon A. Birmingham, Steven M. Freeland, Mark A. Borsos, Timothy R. Baumann, Nicholas T. Peters, Calista J. Mitchell, Allen E. Hoover, Amanda L. O'Donnell, Joseph H. Herron, Alisa C. Simmons, Sherri N. Blount, John M. Naber, Alan E. Schiavelli, Maureen R. Smith, Kerianne A. Strachan. Alisa C. Simmons of Fitch, Even, Tabin & Flannery 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
      Suite 2100
      120 South LaSalle Street
      Chicago, Illinois 60603
      United States
      312-577-7000(phone)
      312-577-7007(fax)
      trademark@fitcheven.com
The docket/reference number is 8152-155942.
Alisa C. Simmons 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:

Alisa C. Simmons

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@fitcheven.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): asimmons@fitcheven.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: /Alisa C. Simmons/   Date: 10/21/2022
Signatory's Name: Alisa C. Simmons
Signatory's Position: Attorney of record, IL bar member
Signatory's Phone Number: 312-629-7947
Signature method: Sent to third party for signature
Payment Sale Number: 97643271
Payment Accounting Date: 10/21/2022

Serial Number: 97643271
Internet Transmission Date: Fri Oct 21 18:51:17 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20221021185118953991-97643271-
8209da9ddf3e8e78ffb1cf230d8a135ca1465446
f3cc981387c3ca25efb801bec-CC-51170349-20
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