Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86030434

Filing Date: 08/06/2013

To the Commissioner for Trademarks:

MARK: FAB (stylized and/or with design, see mark)

The literal element of the mark consists of FAB.
The applicant is not claiming color as a feature of the mark. The mark consists of the term ''FAB'' followed by a heart design in the lower position.
The applicant, Fab.com, Inc., a corporation of Delaware, having an address of
      95 Morton Street 8th Floor
      New York, New York 10014
      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, for the following:

       International Class 028:  Action skill games; Action target games; Aerobic steps; Air mattresses for recreational use; Airsoft guns for recreational purposes; Amusement game machines; Arcade games; Archery arrows; Archery bows; Archery sets; Arm bands for designating team member positions in sports activities; Articles of clothing for toys; Artificial Christmas garlands; Artificial Christmas trees; Artificial Christmas wreaths; Artificial climbing walls; Artificial fishing bait; Artificial fishing lures; Athletic equipment, namely, mouth guards; Athletic equipment, namely, striking bags; Athletic sporting goods, namely, adhesive, under-eye glare reduction strips; Athletic sporting goods, namely, portable pitching mounds; Athletic supporters; Athletic tape; Attachable, wearable, magnetic toy figurines; Audio and visual headsets for use in playing video games; Baby multiple activity toys; Baby rattles; Baby rattles incorporating teething rings; Baby swings; Backboards for basketball; Backgammon game sets; Badminton sets; Bags especially designed for surfboards; Bags specially adapted for sports equipment; Bags specially adapted to carry yoga equipment; Balance boards for improving strength, toning, conditioning, balance, and proprioception; Balloons; Balls for games; Balls for juggling; Balls for sports; Barbells; Baseball bases; Baseball bats; Baseball batting gloves; Baseball batting tees; Baseball gloves; Basketball hoops; Basketball nets; Basketball table top games; Bath toys; Bats for games; Battery operated action toys; Beach balls; Beanbags in the form of playthings; Bells for Christmas trees; Bendable toys; Billiard balls; Billiard equipment; Bingo game playing equipment; Bird calls; Blow-outs; Board games; Game play sets; Bocce balls; Body boards; Body limb compression sleeves for use in soccer and other sports; Boomerangs; Bowling balls; Bowling gloves; Bowling pins; Boxing bags; Boxing gloves; Bubble making wand and solution sets; Building games; Butterfly nets; Caps for toy pistols; Card games; Carnival masks; Cases for play accessories; Cases for toy structures; Cases specially adapted for sports equipment; Cheerleading pom-poms; Children's multiple activity toys; Children's play cosmetics; Children's toy bicycles other than for transport; Chips for gambling; Christmas crackers; Christmas stockings; Christmas tree ornaments and decorations; Christmas tree skirts; Christmas tree stands; Clay pigeons; Climbers' harnesses; Clockwork toys; Clockwork toys; Collectable toy figures; Computer game joysticks; Confetti; Construction toys; Costume masks; Craps game playing equipment; Craps tables; Crib mobiles; Crib toys; Croquet sets; Cue sticks; Cups for dice; Curling stones; Dart boards; Dart games; Darts; Decorative toy mobiles and plush toys for children made of felt; Decorative wind spinners; Dice; Dice cups; Dice games; Disc toss toys; Discs for playing disc golf; Disposable ticket sets for playing games of chance; Divot repair tool for golfers; Dominoes; Dumbbells; Egg decorating kits; Elbow guards for athletic use; Elbow pads for athletic use; Electric action toys; Exercise balls; Exercise bars; Exercise equipment ; Exercise equipment, namely, straps that are affixed to doors for performance of various exercises using body weight resistance; Exercise machines; Exercise trampolines; Exercise treadmills; Exercise weights; Face masks; Face plates for video game consoles for use with external monitors; Fantasy character toys; Fencing weapons; Field hockey sticks; Finger puppets; Fingerboards; Fish hooks; Fishing lines; Fishing lures; Fishing poles; Fishing reels; Fishing rods; Fishing tackle containers; Flippers for swimming; Floating recreational lounge chairs; Flying discs; Foosball tables; Gambling machines; Game tables; Gaming chips; Gaming equipment, namely, game wheels; Gaming tables; Golf bags; Golf balls; Golf club bags; Golf club covers; Golf club grips; Golf clubs; Golf gloves; Golf tees; Gymnastic apparatus; Gymnastic horizontal bars; Gymnastic parallel bars; Hand-held fishing nets; Hobby craft kits; Hobby craft sets; Hockey goals; Hockey pucks; Hockey skates; Hockey sticks; Holds for artificial climbing walls; Home plates; Horseshoe games; Hurdles; Ice skates; In-line skates; Infant exercise seats, namely, jumpers and infant saucers; Infant swings; Infant toys; Inflatable pools for recreational use; Inflatable ride-on toys; Inflatable toys; Jack-in-the-boxes; Jigsaw puzzles; Jock straps; Juggling equipment; Jump ropes; Kaleidoscopes; Kettle bells; Kites; Knee guards for athletic use; Knee pads for athletic use; Lacrosse balls; Lacrosse gloves; Lacrosse sticks; Leg weights; Longboards; Magic tricks; Marbles; Memory games; Model cars; Model toy vehicles; Modeled plastic toy figurines; Mountaineering equipment, Mouth guards for athletic use; Music box toys; Musical toys; Nets for ball games; Non-electronic toy vehicles; Non-riding transportation toys; Novelty toy items; Ordinary playing cards; Paddle balls; Paddle boards; Paddles for use in paddle ball games; Paintball guns; Paper airplanes; Paper party hats; Paper streamers; Parafoils; Paragliders; Parlor games; Party favors in the nature of crackers and noisemakers; Party favors in the nature of small toys; Party games; Personal exercise mats; Pinatas; Pinball games; Play balls; Play figures; Play houses; Play houses and toy accessories therefor; Play money; Play tents; Play tunnels; Play wands; Playground balls; Playing card shuffling device; Playing cards; Playset buildings; Plush toys; Pogo sticks; Poker chips; Pool cushions; Pop up toys; Printing toys; Promotional game materials; Protective athletic cups; Protective carrying cases specially adapted for handheld video games; Protective covers for rackets; Pucks; Pull toys; Punching bags; Punching toys; Puppets; Puzzles; Racket balls; Rackets and strings for rackets; Racquet balls; Radio controlled toy vehicles; Remote control toys; Ride-on toys; Rocking horses; Roller skates; Rubber balls; Sand toys; Scale model kits; Scale model vehicles; Scratch cards for playing lottery games; Scuba flippers; Shin guards for athletic use; Shin pads for athletic use; Skateboards; Skateboard decks; Skateboard grip tapes; Skateboard trucks; Skateboard wax; Skateboard wheels; Sketching toys; Skis; Sling shots; Snow saucers; Snow shoes; Snowboard wax; Snowboards; Soft sculpture toys; Sport balls; Spring boards; Squeeze toys; Stacking toys; Stand alone video game machines; Stand-up paddle boards; Stand-up surf paddles; Stationary exercise bicycles; Stilts for recreational purposes; Storage racks for athletic equipment; Streamers; Stress relief exercise balls; Stretch bands used for yoga and physical fitness purposes; Stuffed and plush toys; Surfboard wax; Surfboards; Swim floats for recreational use; Swimming flippers; Tabletop games; Talking toys; Targets; Toboggans; Toys; Toy airplanes; Toy animals; Toy banks; Toy building blocks; Toy candy dispensers; Toy cap pistols; Toy cars; Toy figures; Toy furniture; Toy guns; Toy harmonicas; Toy jewelry; Toy model hobby craft kits; Toy model train sets; Toy modeling dough; Toy noisemakers; Toy putty; Toy record players; Toy robots; Toy rockets; Toy snow globes; Toy telescopes; Toy tools; Toy trains and parts and accessories therefor; Toy vehicles; Toy watches; Toy water globes; Toy whistles; Trading card games; Trampolines; Volleyball game playing equipment; Wakeboards; Water globes; Water pistols; Water skis; Water slides; Water squirting toys; Water toys; Water wings; Waterski ropes; Waterskis; Waterslides; Wax for skis; Weight lifting gloves; Wind socks; Wind-up toys; Work-out gloves; Yoga blocks; Yoga mats; Yoga straps; Zip line apparatus for recreational purposes
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



The applicant claims ownership of U.S. Registration Number(s) 4350737, 4198556, 4197722, and others.

The applicant's current Attorney Information:
      Holly Pranger of Pranger Law Group
      3223 Webster Street
      San Francisco, California 94123
      United States

The applicant's current Correspondence Information:

Holly Pranger

Pranger Law Group

3223 Webster Street

San Francisco, California 94123

415.885.9800(phone)

415.346.8987(fax)

hpranger@prangerlaw.com (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.

Declaration Signature

Signature: /Holly Pranger/   Date: 08/06/2013
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of Record, CA Bar Member
RAM Sale Number: 86030434
RAM Accounting Date: 08/07/2013

Serial Number: 86030434
Internet Transmission Date: Tue Aug 06 17:54:14 EDT 2013
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20130806175414274
905-86030434-50062bd788a123beeee25336966
bb58bd307be4aa09bc0ac68a1c5f9fe1ed6d4b0-
CC-5191-20130806174500318411