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: 97806929

Filing Date: 02/22/2023

To the Commissioner for Trademarks:

MARK: HARBOR FREIGHT QUALITY TOOLS LOWEST PRICES. HARBOR FREIGHT QUALITY TOOL LOWEST PRICES BUCKEY (stylized and/or with design, see mark)
The literal element of the mark consists of HARBOR FREIGHT QUALITY TOOLS LOWEST PRICES. HARBOR FREIGHT QUALITY TOOL LOWEST PRICES BUCKEY. The applicant is not claiming color as a feature of the mark. The mark consists of a bucket with a face consisting of eyes, eyebrows and a mouth. The bucket also has arms wearing gloves and legs wearing shoes and is wearing a name tag with the words HARBOR FREIGHT QUALITY TOOLS LOWEST PRICES BUCKEY. The words HARBOR FREIGHT QUALITY TOOLS LOWEST PRICES appear on the body of the bucket.
The applicant, Harbor Freight Tools USA, Inc., a corporation of Delaware, having an address of
      26677 Agoura Road
      Calabasas, California 91302
      United States
      424-330-4476(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 035:  Retail store services and online retail store services featuring home improvement equipment, automobile repair equipment, hand tools, power tools, machinery, generators, engines, pumps, lawn and garden equipment, plumbing and drain cleaning equipment, shop tools, storage cabinets, carts, tote bags, workbenches, welding equipment, lights, electrical supplies, security equipment, safety equipment, material handling equipment, ladders, air compressors, pneumatic tools, hydraulic tools, accessories for such tools and equipment, furniture and clothing

In International Class 035, 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 01/26/2023, and first used in commerce at least as early as 01/26/2023, 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) web page of Harbor Freight websites showing mark in use at bottom.
Specimen File1
Webpage URL: www.harborfreight.com
Webpage Date of Access: 02/08/2023




For informational purposes only, applicant's website address is: www.harborfreight.com

The applicant's current Correspondence Information:

Harbor Freight Tools USA, Inc.

PRIMARY EMAIL FOR CORRESPONDENCE: ip@harborfreight.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mhietpas@harborfreight.com The docket/reference number is 0160-US01. 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: /Meryl Chae/   Date: 02/22/2023
Signatory's Name: Meryl K. Chae
Signatory's Position: General Counsel
Signatory's Phone Number: 424-330-4476
Signature method: Sent to third party for signature
Payment Sale Number: 97806929
Payment Accounting Date: 02/22/2023

Serial Number: 97806929
Internet Transmission Date: Wed Feb 22 17:58:12 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202302221758140
27110-97806929-860f29cd9e4d4c88e148b2ac7
0d5beb64b4294116b11ea89cabfba6e7d7ede6a2
-CC-58129206-20230222170424129172