PTO Form 1478 (Rev 9/2006) |
OMB No. 0651-0009 (Exp 12/31/2008) |
Trademark/Service Mark Application, Principal Register
Serial Number: 77270896 |
Filing Date: 09/04/2007 |
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
77270896 |
MARK INFORMATION |
*MARK |
\\TICRS2\EXPORT13\772\708 \77270896\xml1\APP0002.JP G |
SPECIAL FORM |
YES |
USPTO-GENERATED IMAGE |
NO |
LITERAL ELEMENT |
Spiritual design and phrase that literally means find your happy place. wherever that may be. |
COLOR MARK |
YES |
COLOR(S) CLAIMED
(If applicable) |
The color(s) three color design that changes is/are claimed as a feature of the mark. |
*DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of The mark is a spiral with an arrow a heart and the words find your happy place. It is not color specific and we change the
colors periodically. Teh design is always three colors: 1. the heart 2. the arrow 3. the words. |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
500 x 500 |
REGISTER |
Principal |
APPLICANT INFORMATION |
*OWNER OF MARK |
Heather Lee Battey |
DBA/AKA/TA/Formerly |
Spiritual Fitness WEar |
*STREET |
26672 Venado Drive |
*CITY |
Mission Viejo |
*STATE
(Required for U.S. applicants) |
California |
*COUNTRY |
United States |
*ZIP/POSTAL CODE
(Required for U.S. applicants only) |
92691 |
PHONE |
949-582-2978 |
FAX |
310-861-5911 |
EMAIL ADDRESS |
XXXX |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
LEGAL ENTITY INFORMATION |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
California |
GOODS AND/OR SERVICES AND BASIS INFORMATION |
*INTERNATIONAL CLASS |
|
*IDENTIFICATION |
to be printed on t-shirts, thermals, jakcets, pants, capris, shorts, tank tops, workout attire, bras, undies, socks, skirts, capris,
sweatshirts, longleeve tees, knitted garment dyed womens girls and babies apparel |
FILING BASIS |
SECTION 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/01/2005 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/01/2005 |
SPECIMEN
FILE NAME(S) |
\\TICRS2\EXPORT13\772\708 \77270896\xml1\APP0003.JP G |
SPECIMEN DESCRIPTION |
WE currently print our "find your happy place design" on all of our garments that are made by SPiritual Fitness Wear |
ADDITIONAL STATEMENTS SECTION |
CONCURRENT USE CLAIM |
Concurrent use information. We print this design on tees, tanks, thermals, hats, pants, capris, jackts, dresses, skirts, knitted
material, all apparel and is sold throughout the United States |
SECTION 2(f) BASED ON EVIDENCE |
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence. |
2(f) EVIDENCE FILE NAME(S) |
JPG FILE(S) |
\\TICRS2\EXPORT13\772\708 \77270896\xml1\APP0004.JP G |
|
\\TICRS2\EXPORT13\772\708\77270896\xml1\APP0006.JPG |
ORIGINAL PDF FILE |
e2f-684247112-131244283_._sale_of_Find_your_Happy_Place.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS2\EXPORT13\772\708\77270896\xml1\APP0005.JPG |
MISCELLANEOUS STATEMENT |
WE have been selling this design along with several others under our Registered company name :Spiritual Fitness Wear" Serial #
78121615 and Registration # 2686713 This design has been selling in the market place since 2005. |
CORRESPONDENCE INFORMATION |
NAME |
Heather Lee Battey |
FIRM NAME |
Heather Lee Battey |
STREET |
26672 Venado Drive |
CITY |
Mission Viejo |
STATE |
California |
COUNTRY |
United States |
ZIP/POSTAL CODE |
92691 |
PHONE |
949-582-2978 |
FAX |
310-861-5911 |
EMAIL ADDRESS |
heatherbruceb@cox.net |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
FEE INFORMATION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
*TOTAL FEE DUE |
325 |
*TOTAL FEE PAID |
325 |
SIGNATURE INFORMATION |
SIGNATURE |
/Heather Battey/ |
SIGNATORY'S NAME |
Heather Lee Battey |
SIGNATORY'S POSITION |
Owner/Designer |
DATE SIGNED |
09/04/2007 |
PTO Form 1478 (Rev 9/2006) |
OMB No. 0651-0009 (Exp 12/31/2008) |
Trademark/Service Mark Application, Principal Register
Serial Number: 77270896 |
Filing Date: 09/04/2007 |
To the Commissioner for Trademarks:
MARK: Spiritual design and phrase that literally means find your happy place. wherever that may be. (stylized and/or with design, see
mark)
The literal element of the mark consists of Spiritual design and phrase that literally means find your happy place. wherever that may be..
The color(s) three color design that changes is/are claimed as a feature of the mark. The mark consists of The mark is a spiral with an arrow a heart and the words find your happy place. It is not
color specific and we change the colors periodically. Teh design is always three colors: 1. the heart 2. the arrow 3. the words.
The applicant, Heather Lee Battey, Spiritual Fitness WEar, a limited liability company legally organized under the laws of California, having an address of
26672 Venado Drive
Mission Viejo, California 92691
United States
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.
International Class _______: to be printed on t-shirts, thermals, jakcets, pants, capris, shorts, tank tops, workout attire, bras, undies, socks, skirts,
capris, sweatshirts, longleeve tees, knitted garment dyed womens girls and babies apparel
Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in
commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.
In International Class _______, the mark was first used at least as early as 02/01/2005, and first used in commerce at least as early as 02/01/2005, and is now in use in such commerce. The applicant
is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) WE currently print our "find your
happy place design" on all of our garments that are made by SPiritual Fitness Wear.
Specimen File1
Concurrent use information. We print this design on tees, tanks, thermals, hats, pants, capris, jackts, dresses, skirts, knitted material, all apparel and is sold throughout the United States
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
The applicant submits the following evidence to support the §2(f) claim:
JPG file(s):
2(f) evidence-1
2(f) evidence-2
Original PDF file:
e2f-684247112-131244283_._sale_of_Find_your_Happy_Place.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
WE have been selling this design along with several others under our Registered company name :Spiritual Fitness Wear" Serial # 78121615 and Registration # 2686713 This design has been selling in the
market place since 2005.
Correspondence Information: |
Heather Lee Battey |
|
26672 Venado Drive |
|
Mission Viejo, California 92691 |
|
949-582-2978(phone) |
|
310-861-5911(fax) |
|
heatherbruceb@cox.net (authorized) |
A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).
Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false
statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the
applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes
applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake,
or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.
Signature: /Heather Battey/ Date Signed: 09/04/2007
Signatory's Name: Heather Lee Battey
Signatory's Position: Owner/Designer
RAM Sale Number: 6888
RAM Accounting Date: 09/04/2007
Serial Number: 77270896
Internet Transmission Date: Tue Sep 04 13:52:23 EDT 2007
TEAS Stamp: USPTO/BAS-XX.X.XXX.XXX-20070904135223614
560-77270896-3804cee7a9198c6b5acde233e76
620a3-CC-6888-20070904131244283574