TEAS Plus New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 86622714

Filing Date: 05/07/2015

To the Commissioner for Trademarks:

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

The literal element of the mark consists of GRACE DIGITAL.
The color(s) black and blue is/are claimed as a feature of the mark. The mark consists of the word `GRACE` in black with a stylized lower case cursive `g` with the left side of the bottom part of the `g` removed and the word `DIGITAL` in blue with a stylized lower case cursive `g` on the left side of the bottom part of the `g`.
The applicant, Grace Digital, Inc., a corporation of California, having an address of
      10531 4S Commons Drive, Bldg 166 Ste 430
      San Diego, California 92127
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 009:  Audio electronic components, namely, surround sound systems; Carrying cases specially adapted for electronic equipment, namely, Internet radios, tuners, receivers, speakers, amplifiers, docking stations, ear phones, and audio accessories; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, Internet radios, tuners, receivers, speakers, amplifiers, docking stations, ear phones, and audio accessories; Cases for music, audio and related electronic equipment, namely, cases for audio tuners, audio receivers, amplifiers, tape players, compact disc players, MP3 controllers/players, audio mixers, audio speakers in the nature of music studio monitors, microphones, audio speakers, compact discs, audio tapes, portable computers, antennas, phonographic record players, audio recording equipment, and the cables associated with all of the foregoing equipment; Consumer coupons downloaded from a global computer network; Electronic interconnecters for audio and video signals; Fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices, namely, MP3 players, mobile telephones, smart telephones, digital cameras, global positioning systems and personal digital assistants



In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/15/2014, and first used in commerce at least as early as 12/03/2014, 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) Screen shot of Applicant`s Mark on the top left of the Applicant`s website whereby `GRACE` is in black lower case cursive with a stylized `g` with the left bottom side of the g missing and and `DIGITAL` in blue with the same stylized `g`..

Original PDF file:
SPE01234560-2324280237-20150507155450102671_._New_Grace_Digital_TM_Specimen_-_screen_shot.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3786911 and 3725364.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark 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.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark 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). 3786911 3725364.

Miscellaneous Statement
Applicant filed separate applications for `Grace Digital, Inc.` and `Grace Digital Audio` on May 20, 2009. Applicant has continued to use these Mark in commerce. Applicant has now commenced use of a new Mark derived from these Mark as set forth in the Stylized Mark in the attached Specimen. Applicant respectfully requests Examiner to recognize Applicants prior issued and registered Mark and consider this New Mark set forth in this Applications as a small non-material change that complies with the same or similar requirement.

For informational purposes only, applicant's website address is: http://gracedigital.com/
The applicant's current Attorney Information:
      Jebb Dykstra of Technology Sector Law Corporation
      2261 23rd Street
      Santa Monica, California 90405
      United States
The attorney docket/reference number is 05072014-1.

The applicant's current Correspondence Information:

Jebb Dykstra

Technology Sector Law Corporation

2261 23rd Street

Santa Monica, California 90405

3104289218(phone)

jebb@techsectorlaw.com;jebbdykstra@gmail.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 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.


Signature: /jd/   Date Signed: 05/07/2015
Signatory's Name: Jebb Dykstra
Signatory's Position: Attorney of Record, Member of State Bar of California



RAM Sale Number: 86622714
RAM Accounting Date: 05/08/2015

Serial Number: 86622714
Internet Transmission Date: Thu May 07 17:13:49 EDT 2015
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2015050717134916
8497-86622714-530593cd70aec9e6d5d8dbe13a
8ae88bc2934ffed4eefc8e61ebe3bc18dad-CC-3
563-20150507155450102671