TEAS Plus 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

TEAS Plus Application

Serial Number: 87303418

Filing Date: 01/16/2017

To the Commissioner for Trademarks:

MARK: TOM'S FIDGETS (Standard Characters, see mark)
The mark in your application is TOM'S FIDGETS.


The applicant, Homer, Nicholas Wright, DBA Tom's Fidgets, a limited liability company legally organized under the laws of Utah, having an address of
      1216 West 13040 South
      1216 West 13040 South
      Riverton, Utah 84065
      United States
      8016642525(phone)
      8016642525(fax)
      XXXX

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 028:  Stress relief exercise toys

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/18/2016, and first used in commerce at least as early as 10/18/2016, 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) Photo includes two fidget sensory toys with packaging. The "tom's fidgets" brand can be seen on the packaging, on a tag, and on the product itself..
Specimen File1


Disclaimer
No claim is made to the exclusive right to use fidgets apart from the mark as shown.

Translation
The wording Tom's has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
Tom's appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance. The word(s) Tom's has no meaning in a foreign language.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 10/18/2016, and in commerce at least as early as 10/18/2016.

For informational purposes only, applicant's website address is: www.tomsfidgets.com

The applicant's current Correspondence Information:

Homer, Nicholas Wright

Homer, Nicholas Wright

1216 West 13040 South       1216 West 13040 South

Riverton, Utah 84065

8016642525(phone)

8016642525(fax)

nickwhomer@gmail.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 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

	If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 The facts set forth in the application are true. If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	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.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 submission or any registration resulting therefrom, declares 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: /Nicholas Homer/   Date: 01/16/2017
Signatory's Name: Nicholas Homer
Signatory's Position: Owner
Signatory's Phone Number: 8016642525
Payment Sale Number: 87303418
Payment Accounting Date: 01/17/2017

Serial Number: 87303418
Internet Transmission Date: Mon Jan 16 18:41:31 EST 2017
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201701161841319
76069-87303418-58023edfd9249b1d4d9cafdfe
57addc6a1fd1f7766b57cccc28e2dc965fde66e8
19-CC-14671-20170116175831888979