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: 87538416

Filing Date: 07/21/2017

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The mark consists of a three dimensional product design trade dress mark, having an upper keypad design, hereafter referred to as the 5-33DC-5 Configuration, consisting of the following: (1) a first row of keys, consisting of five keys, beneath the display for each respective device design; (2) beneath the aforesaid first row of keys, and starting from the left of the design, a second row of keys, consisting of three keys; (3) beneath the aforesaid second row of keys, and starting from the left of the design, a third row of keys, consisting of three keys; (4) beneath the aforesaid first row of keys, and starting from the right of the design, a grouping of four direction control keys in a separate shape and/or orientation unaligned relative to, and positioned to the right of, said second and third rows of keys (the grouping further providing respective directionality functions); and (5) beneath the aforesaid first through third rows, seven rows of keys, each having a set of five keys.
The applicant, TEXAS INSTRUMENTS INCORPORATED, a corporation of Delaware, having an address of
      MS3999
      12500 TI Boulevard
      Dallas, Texas 75243-4136
      United States
      214-479-1152(phone)
      214-479-1241(fax)

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:  Calculators

In International Class 009, 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 12/31/1990, and first used in commerce at least as early as 12/31/1990, 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) Image capture of trademark.
Specimen File1



SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
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:

Original PDF file:
e2f-207911342-184525657_._Sandstedt_Declaration_for_filing__7-21-2017_.pdf
Converted PDF file(s) (90 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
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Original PDF file:
e2f-207911342-184525657_._Section-2f-submission.pdf
Converted PDF file(s) (2 pages)
2(f) evidence-1
2(f) evidence-2

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

The applicant's current Attorney Information:
      Stephen L. Levine and Lawrence J. Bassuk of Texas Instruments Incorporated      PO Box 655474, MS3999
      Dallas, Texas 75265
      United States
      214-855-3025(phone)
      214-758-3705(fax)
      trademarkcounsel@list.ti.com (authorized)
The attorney docket/reference number is M1895US.

The applicant's current Correspondence Information:

Stephen L. Levine

Texas Instruments Incorporated

PO Box 655474, MS3999

Dallas, Texas 75265

214-855-3025(phone)

214-758-3705(fax)

trademarkcounsel@list.ti.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, 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 Reduced Fee 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 $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /stephen l. levine/   Date: 07/21/2017
Signatory's Name: Stephen L. Levine
Signatory's Position: Attorney for Applicant; Texas bar member
Payment Sale Number: 87538416
Payment Accounting Date: 07/24/2017

Serial Number: 87538416
Internet Transmission Date: Fri Jul 21 19:03:45 EDT 2017
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.X-20170721190345238
386-87538416-510e1bc8f2ac719bec941daa7eb
12b6324c85361b1fd67e829577e404f921678a-D
A-4939-20170721184525657927