MIDWEST - Trademark Details
Status: 705 - Partial Section 8 & 15 Accepted And Acknowledged
Image for trademark with serial number 85892536
Serial Number
85892536
Registration Number
4735788
Word Mark
MIDWEST
Status
705 - Partial Section 8 & 15 Accepted And Acknowledged
Status Date
2021-02-11
Filing Date
2013-04-02
Registration Number
4735788
Registration Date
2015-05-12
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s) Typeset
Design Searches
261521 - Polygons that are completely or partially shaded.
Published for Opposition Date
2014-07-08
Attorney Name
Law Office Assigned Location Code
L50
Employee Name
VALLILLO, MELISSA C
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Description of Mark
The mark consists of the word "MIDWEST" on a dark rectangular background surrounded by a light border with shading around the letters to depict depth or three-dimensional shape. The gray in the drawing that is surrounding the light border is background that is necessary to show the light border and is not a part of the mark.
Goods and Services
Unpainted metal fasteners, namely, screws; painted metal fastener, namely, screws; hand tools for building and construction trades, namely, cable clamps of metal;[ marking cables made of steel for laying out and marking fence line post locations ]
Goods and Services
Hand tools for building and construction trades, namely, 4-tip rivet guns, power drill nut driver bits, screw driver bits[ for rotating power driver tools and masonry bits for rotating power driver tools,] hex drive magnetic nut setters, namely, bits for attachment to power tools to drive hex head fasteners in siding [, double ender drill bits for power drills, pneumatic rail/picket notchers being a type of cutter used to cut notches in vinyl fence posts for the installation of vinyl rails and/or vinyl pickets, pneumatic notcher sets comprising interchangeable pneumatic notcher heads used to notch various size holes in vinyl fence posts, pneumatic ranch rail notchers for forming snap-lock tabs in vinyl fence rails for the installation of vinyl rails and/or vinyl pickets ]
Goods and Services
Hand tools for building and construction trades, namely, [screw driver bits for attachment to hand screw drivers,] offset left cut aviation snips, regular straight cut aviation snips, offset right cut aviation snips, regular left cut aviation snips, straight cut aluminum handled snips, regular right cut aviation snips, straight cut tinner snips, left cut upright aviation snips, right cut upright aviation snips, duckbill tinner snips, bulldog aviation snips, trim nail drivers, regular long cut aviation snips, offset straight cut aviation snips, siding removal tools, namely, a handle with a blade for unlocking overlap of installed siding for removing the siding, offset long cut aviation snips, shop/electrician shears, 5-blade duct and gutter crimpers, vinyl siding snips, seamer tongs, offset left cut aluminum handled snips, hand seamers, utility aviation snips, bulldog tinner snips, cable cutters, folding hand tools, namely, metal plates welded together for bending sheet material to form a tab on the sheet, offset right cut aluminum handled snips, combination pattern tinner snips, offset hand seamers, offset seamer tongs, sheet metal hammers, straight cut aluminum handled snip blade kits comprising snip replacement blades and fasteners, vinyl siding snap lock punches for forming a snap lock in vinyl siding for attaching vinyl siding to trim around exterior windows, doors and other building openings, notchers being a notch cutter to cut V-notches in metal tabs on metal ductwork, scratch awls, pipe duct cutters, snap lock punches, cable tie tension tools for tightening nylon cable ties and removing excess cable tie, combo punch tools for punching a snap-lock in vinyl siding and punching a nail hole in vinyl siding, end cap crimpers for forming a snap lock tab for attaching a gutter end cap to the gutter, duct slitters, caulk guns, 3-blade crimpers for crimping the end of a piece of round duct or a piece of gutter for joining two pieces, combo notchers being a notch cutter for cutting lap-notches in vinyl siding and cutting j-channel vinyl siding trim,[azor blades,] duct stretchers, rail end clipper handles, [caulk guns,] permatab fastener crimpers for affixing permatab fasteners to vinyl siding, hex drive magnetic nut setters, namely, bits for attachment to hand tools to drive hex head fasteners in siding, HVAC ductwork and fence materials, aluminum fence notchers for forming a snap-lock tab in aluminum fence rail ends to secure the rail into the fence post, vinyl fence notchers for forming a snap-lock tab in vinyl fence rail ends to secure the rail into the fence post, lathe snips, interchangeable tool heads for aluminum fence rail end clipper hand tools that form the rail end to fit into the aluminum fence post, rail/picket fence notchers that make a snap-lock in the end of vinyl fence rails for installation into the vinyl fence post and makes a snap-lock in the end of vinyl fence pickets for installation into a vinyl fence rail, offset left replacement blade kits comprising replacement blades and fasteners for a left offset replaceable blade snip, duct tighteners, namely, a metal duct tightener used to draw and clamp two sheet metal duct runs together and hold them in place to facilitate the installation of a permanent clamp or cleat, adjustable hand brakes in the nature of an adjustable hand tool used to bend or fold sheet metal tabs on metal trim and flashing in siding, roofing, and gutter trades, straight aluminum hand seamers, vinyl fence rail nibblers, namely, a nibbler used to elongate the picket hole in a vinyl fence rail when required to construct the vinyl picket fence over a slope or grade, [ air tool holders in the nature of a bracket that hooks onto trouser belt loop for carrying pneumatic tools,] rail removers for use in removing fence rails from fence posts of a vinyl fence, [ drill bits for hand drills,] offset right replacement blade kits comprising replacement blades and fasteners for right offset replaceable blade snip, gutter nail drivers, pry bars, seamer blade kits comprising replaceable blades and fasteners for replaceable blade hand seamers,[ vertical slot-punches for punching a hole vertical to the tool's handles in gutter brackets for installation of gutter helmets or covers, window balance tensioning tools, namely, a hand tool used to adjust the tension on spiral window balances, offset forged steel hand seamers, double ender drill bits for hand drills, claw hammers with fiberglass handle, ] offset forged steel seamer sets comprising an interchangeable blade compound leverage hand seamer with offset handle with extra set of forged steel interchangeable blades, offset aluminum seamer sets, comprising an interchangeable blade compound leverage hand seamer with offset handle with extra set of aluminum interchangeable blades, offset aluminum hand seamers, [ nail pullers, shingling hatchets, ] special hardness left cut aviation snips, special hardness right cut aviation snips
Goods and Services
[Hand tools for building and construction trades, namely, tape measures, magnetic torpedo carpenter's levels, open reel tape measures, magnets with long handles, micrometers ]
Section 2(f) Limitation Statement
MIDWEST has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement; MIDWEST has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 1578676; MIDWEST has become distinctive of the goods/services, as demonstrated by the attached evidence.
Classification Information
International Class
006 - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. - Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
US Class Codes
002, 012, 013, 014, 023, 025, 050
Class Status Code
6 - Active
Class Status Date
2013-10-10
Primary Code
006
First Use Anywhere Date
2015-01-07
First Use In Commerce Date
2015-01-07
International Class
007 - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs. - Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements (other than hand-operated); incubators for eggs.
US Class Codes
013, 019, 021, 023, 024, 031, 034, 035
Class Status Code
6 - Active
Class Status Date
2013-10-10
Primary Code
007
First Use Anywhere Date
2015-01-07
First Use In Commerce Date
2015-01-07
International Class
008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. - Hand tools and implements (hand-operated); cutlery; side arms; razors.
US Class Codes
023, 028, 044
Class Status Code
6 - Active
Class Status Date
2013-04-08
Primary Code
008
First Use Anywhere Date
2014-04-16
First Use In Commerce Date
2014-04-16
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
B - Sec. 8 - Class(es) in a Multiple Class registration -- Partial Cancellation
Class Status Date
2021-02-11
Primary Code
009
First Use Anywhere Date
2015-01-07
First Use In Commerce Date
2015-01-07
Current Trademark Owners
Party Type
30 - Original Registrant
Address
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Trademark Owner History
Party Type
30 - Original Registrant
Address
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Party Type
20 - Owner at Publication
Address
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Party Type
10 - Original Applicant
Address
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Correspondences
Name
Frank H. Foster
Address
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Prior Registrations
Relationship TypeReel Number
Prior Registration1578676
Trademark Events
Event DateEvent Description
2013-04-05NEW APPLICATION ENTERED IN TRAM
2013-04-08NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
2013-04-09NOTICE OF DESIGN SEARCH CODE E-MAILED
2013-07-16ASSIGNED TO EXAMINER
2013-07-23NON-FINAL ACTION WRITTEN
2013-07-23NON-FINAL ACTION E-MAILED
2013-07-23NOTIFICATION OF NON-FINAL ACTION E-MAILED
2013-10-10TEAS RESPONSE TO OFFICE ACTION RECEIVED
2013-10-10CORRESPONDENCE RECEIVED IN LAW OFFICE
2013-10-10TEAS/EMAIL CORRESPONDENCE ENTERED
2013-10-31NON-FINAL ACTION WRITTEN
2013-10-31NON-FINAL ACTION E-MAILED
2013-10-31NOTIFICATION OF NON-FINAL ACTION E-MAILED
2014-04-30TEAS RESPONSE TO OFFICE ACTION RECEIVED
2014-04-30CORRESPONDENCE RECEIVED IN LAW OFFICE
2014-04-30TEAS/EMAIL CORRESPONDENCE ENTERED
2014-05-20TEAS VOLUNTARY AMENDMENT RECEIVED
2014-05-23EXAMINERS AMENDMENT -WRITTEN
2014-05-23EXAMINERS AMENDMENT E-MAILED
2014-05-23NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED
2014-05-23EXAMINER'S AMENDMENT ENTERED
2014-05-20PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED
2014-06-02ASSIGNED TO LIE
2014-06-03PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED
2014-06-03APPROVED FOR PUB - PRINCIPAL REGISTER
2014-06-03LAW OFFICE PUBLICATION REVIEW COMPLETED
2014-06-18NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
2014-07-08PUBLISHED FOR OPPOSITION
2014-07-08OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2014-09-02NOA E-MAILED - SOU REQUIRED FROM APPLICANT
2015-01-09TEAS STATEMENT OF USE RECEIVED
2015-02-15CASE ASSIGNED TO INTENT TO USE PARALEGAL
2015-01-09USE AMENDMENT FILED
2015-02-15STATEMENT OF USE PROCESSING COMPLETE
2015-03-17SU - NON-FINAL ACTION - WRITTEN
2015-03-17NON-FINAL ACTION E-MAILED
2015-03-17NOTIFICATION OF NON-FINAL ACTION E-MAILED
2015-03-18TEAS RESPONSE TO OFFICE ACTION RECEIVED
2015-03-23CORRESPONDENCE RECEIVED IN LAW OFFICE
2015-03-23TEAS/EMAIL CORRESPONDENCE ENTERED
2015-04-07ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
2015-04-08NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
2015-05-12REGISTERED-PRINCIPAL REGISTER
2020-05-12COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
2020-10-15TEAS SECTION 8 & 15 RECEIVED
2021-01-27CASE ASSIGNED TO POST REGISTRATION PARALEGAL
2021-02-11REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
2021-02-11NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED