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: 88198689

Filing Date: 11/19/2018

To the Commissioner for Trademarks:

MARK: STIHL TIMBERSPORTS KISS MY AXE (stylized and/or with design, see mark)

The literal element of the mark consists of STIHL TIMBERSPORTS KISS MY AXE.
The color(s) orange, black and white is/are claimed as a feature of the mark. The mark consists of a pentagon with rounded corners with black background and white trim. Inside is the word "STIHL" Stylized in orange, followed by the word "TIMBERSPORTS" in white, followed by the words "KISS MY AXE" in white letters inside an orange banner design, followed underneath by a white star on the left and right of a double crossed axe design in white.
The applicant, Andreas Stihl AG & Co. KG, a corporation of Germany, having an address of
      Badstrasse 115
      Waiblingen 71336
      Germany

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 025:  Clothing; headgear

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 01/01/2018, and first used in commerce at least as early as 01/01/2018, 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) photograph of Applicant's product bearing the Mark demonstrating use of the Mark in commerce.

Original PDF file:
SPE0-74842002-20181112164426993204_._KISS_MY_AXE_specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 041:  Entertainment, namely, conducting and organizing sports competitions in the areas of cutting with axes, sawing, logrolling, tree climbing and axe throwing, television show production about competitions relating to the cutting with axes, sawing, logrolling, tree climbing and axe throwing
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1134411, 1104552, and 2076712.

The applicant's current Attorney Information:
      Mary D. Baril and Darren W. Collins, Robert C. Hilton, Aaron R. Marienthal, Stephanie A. Martinez, Janet P. Peyton, Robin. C. Vance, Christopher J. Verstrate, Emily S. Voorheis and the law firm of McGuireWoods LLP
      Gateway Plaza
      800 East Canal Street
      Richmond, Virginia 23219-3916
      United States
      804-775-1169(phone)
      804-698-2009(fax)
      mbaril@mcguirewoods.com (authorized)

The applicant's current Correspondence Information:

Mary D. Baril

McGuireWoods LLP

Gateway Plaza       800 East Canal Street

Richmond, Virginia 23219-3916

804-775-1169(phone)

804-698-2009(fax)

mbaril@mcguirewoods.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 $550 has been submitted with the application, representing payment for 2 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: /martin welker/   Date: 11/19/2018
Signatory's Name: Martin Welker
Signatory's Position: General Counsel
Payment Sale Number: 88198689
Payment Accounting Date: 11/19/2018

Serial Number: 88198689
Internet Transmission Date: Mon Nov 19 09:34:47 EST 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.X-201811190934474420
34-88198689-61050381ea957555d29cae37b098
123c392178428d9ac89310c9611c8857ba1ef4-C
C-8783-20181112164426993204