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: 98132981

Filing Date: 08/15/2023

To the Commissioner for Trademarks:

MARK: VANGUARD (stylized and/or with design, see mark)
The literal element of the mark consists of VANGUARD. The color(s) gray is/are claimed as a feature of the mark. The mark consists of the word "VANGUARD" in a stylized font, which is lighter gray on the top and transitions to a darker gray at the bottom.
The applicant, Briggs & Stratton, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      12301 West Wirth Street
      Wauwatosa, Wisconsin 53222
      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:  Batteries of 1kWh or more; battery chargers

In International Class 009, 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 06/01/2019, and first used in commerce at least as early as 06/01/2019, 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) photograph of the goods bearing the mark.
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

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 European Union Trademark - EUTM application number 018879929, filed 05/25/2023.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.





The owner's/holder's proposed attorney information: Mark J. Diliberti. Other appointed attorneys are Lindsey Birch, Matthew Witsman, Brittany Ricciardi, Arian Jabbary, Jennifer Martinez, Lauren Speer, Emily Ostreich, Roma Lopes, Bianca Ascolese and all other attorneys of Foley & Lardner LLP. Mark J. Diliberti of Foley & Lardner 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
      777 East Wisconsin Avenue
      Milwaukee, Wisconsin 53202-5306
      United States
      414-271-2400(phone)
      414-297-4900(fax)
      ipdocketing@foley.com
The docket/reference number is 016831-1761.
Mark J. Diliberti 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:

Mark J. Diliberti

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bricciardi@foley.com; sfelde@foley.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: /edward lawson/   Date: 08/14/2023
Signatory's Name: Edward Lawson
Signatory's Position: Product and IP Counsel
Signatory's Phone Number: 4144791375
Signature method: Sent to third party for signature
Payment Sale Number: 98132981
Payment Accounting Date: 08/15/2023

Serial Number: 98132981
Internet Transmission Date: Tue Aug 15 11:34:29 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202308151134310098
90-98132981-860e1b54814b6615cf382be99792
628b6c18637cc59e73671049c0dfb18f46bf49-C
C-34308208-20230810112507660858