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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88117453

Filing Date: 09/14/2018

To the Commissioner for Trademarks:

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

The applicant, Sportsman's Warehouse, Inc., a corporation of Utah, having an address of
      7035 High Tech Drive
      Midvale, Utah 84047
      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 018:  Back packs; dry bags
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 021:  Water bottles sold empty
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 025:  Clothing for fishing, namely, waders

In International Class 025, 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 04/30/2018, and first used in commerce at least as early as 04/30/2018, 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) Company website ordering page showing the mark as used in connection with the product.
Specimen File1


The applicant's current Attorney Information:
      Garrett M. Weber of Ballard Spahr LLP
      Suite 2000 IDS Center
      80 South Eighth Street
      Minneapolis, Minnesota 55402
      United States
      612-371-3296(phone)
      612-371-3207(fax)
      tmg@ballardspahr.com (authorized)

The applicant's current Correspondence Information:

Garrett M. Weber

Ballard Spahr LLP

Suite 2000 IDS Center       80 South Eighth Street

Minneapolis, Minnesota 55402

612-371-3296(phone)

612-371-3207(fax)

tmg@ballardspahr.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 $825 has been submitted with the application, representing payment for 3 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: /Garrett Weber/   Date: 09/14/2018
Signatory's Name: Garrett M. Weber
Signatory's Position: Attorney of Record (MN)
Payment Sale Number: 88117453
Payment Accounting Date: 09/14/2018

Serial Number: 88117453
Internet Transmission Date: Fri Sep 14 12:58:54 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20180914125854
793579-88117453-610be69eb41b293dd59e3b9d
4693bb6958083af6ea48998a13dcfff125ab04aa
b2a-DA-10237-20180914122612778422