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: 88158582

Filing Date: 10/17/2018

To the Commissioner for Trademarks:

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

The applicant, Shurtech Brands, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      1712 Eighth Street Drive, SE
      Hickory, North Carolina 28602
      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 020:  plastic shelf lining material

In International Class 020, 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 09/00/1996, and first used in commerce at least as early as 09/00/1996, 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) digital image of actual goods identified by the mark.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2188614.

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 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:
      Susan S. Jackson and Lauren Hunstad of Nelson Mullins Riley & Scarborough LLP
      One Wells Fargo Center
      301 South College Street, 23rd Floor
      Charlotte, North Carolina 28202
      United States
      704-417-3126(phone)
      704 377 4814(fax)
      ip@nelsonmullins.com (authorized)
The attorney docket/reference number is 043640/09805.

The applicant's current Correspondence Information:

Susan S. Jackson

Nelson Mullins Riley & Scarborough LLP

One Wells Fargo Center       301 South College Street, 23rd Floor

Charlotte, North Carolina 28202

704-417-3126(phone)

704 377 4814(fax)

ip@nelsonmullins.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: /Rebecca M. Lengyel/   Date: 10/17/2018
Signatory's Name: Rebecca M. Lengyel
Signatory's Position: Intellectual Property Manager
Payment Sale Number: 88158582
Payment Accounting Date: 10/18/2018

Serial Number: 88158582
Internet Transmission Date: Wed Oct 17 14:21:45 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2018101714214583
9026-88158582-61088cabad438c14263f6e99c2
f1b4ab2bb437945bce65bb2eecc4d99a562d1-DA
-628-20181004114210520146