TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 87031115

Filing Date: 05/10/2016

To the Commissioner for Trademarks:

MARK: SMITH (Standard Characters, see mark)
The literal element of the mark consists of SMITH.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Smith Sport Optics, Inc., a corporation of Delaware, having an address of
      220 SE MLK Jr. Boulevard
      Portland, Oregon 97214
      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 035:  On-line retail store services featuring eyewear, eyewear accessories, goggles, protective helmets, bags, backpacks, clothing, headwear and related accessories

In International Class 035, 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 09/05/2004, and first used in commerce at least as early as 09/05/2004, 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 a web page displaying the mark in connection with the goods at the point of purchase.

Original PDF file:
SPE0-3812213190-20160503174305470007_._Specimen.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3112268, 1189158, 1805877, and others.

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 sufficiently similar goods/services of active U.S. Registration No(s). 3112268, 1189158, and 1805877.

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 applicants substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

The applicant's current Attorney Information:
      Jeffrey R. Cadwell and Stuart R. Hemphill, Elizabeth C. Buckingham, Jamie N. Nafziger, Cathleen F. Dahl, Evan Everist, Tiana M. Towns, and Jacob A. Holt of Dorsey & Whitney LLP      50 South Sixth Street, Suite 1500
      Minneapolis, Minnesota 55402-1498
      United States
      612.492.6842(phone)
      612.340.8827(fax)
      ip.docket@dorsey.com (authorized)
The attorney docket/reference number is T259743US01.

The applicant's current Correspondence Information:

Jeffrey R. Cadwell

Dorsey & Whitney LLP

50 South Sixth Street, Suite 1500

Minneapolis, Minnesota 55402-1498

612.492.6842(phone)

612.340.8827(fax)

ip.docket@dorsey.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 $275 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. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce 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/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use 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 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. 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 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: /eric carlson/   Date: 05/09/2016
Signatory's Name: Eric Carlson
Signatory's Position: Vice President of Product and Design
RAM Sale Number: 87031115
RAM Accounting Date: 05/11/2016

Serial Number: 87031115
Internet Transmission Date: Tue May 10 13:56:57 EDT 2016
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2016051013565790
0402-87031115-550caf07f75aaff62ef44585fb
17d4db903dc7b9b6c442c1d0a15223ceab12a17-
ET-157-20160503182041360569