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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88212427 |
LAW OFFICE ASSIGNED | LAW OFFICE 108 |
MARK SECTION (current) | |
MARK FILE NAME | http://uspto.report/TM/88212427/mark.png |
LITERAL ELEMENT | END GUN VIOLENCE TOGETHER TOMS |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
The color(s) Red, blue, black and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a square that has a blue border. Center in the box is a red hand making a peace sign. Superimposed over the hand are two blue horizontal rectangles. The top rectangle has the words "END GUN VIOLENCE" in black lettering. The bottom rectangle has the word "TOGETHER" in black lettering. Below the hand is a flag-like logo with three equal sized stripes, the stripes are blue on the top and bottom and white in the middle with the term "TOMS" printed in black lettering in the middle white stripe. |
MARK SECTION (proposed) | |
MARK FILE NAME | \\TICRS\EXPORT17\IMAGEOUT 17\882\124\88212427\xml5\ ROA0002.JPG |
LITERAL ELEMENT | END GUN VIOLENCE TOGETHER TOMS |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR MARK | YES |
COLOR(S) CLAIMED (If applicable) |
The color(s) red, blue, black and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a red hand making a peace sign. Superimposed over the hand are two blue horizontal rectangles. The top rectangle has the words "END GUN VIOLENCE" in black lettering. The bottom rectangle has the word "TOGETHER" in black lettering. Below the hand is a flag-like logo with three equal sized stripes, the stripes are blue on the top and bottom and white in the middle with the term "TOMS" printed in black lettering in the middle white stripe. |
PIXEL COUNT ACCEPTABLE | YES |
PIXEL COUNT | 624 x 683 |
GOODS AND/OR SERVICES SECTION (009)(no change) | |
GOODS AND/OR SERVICES SECTION (025)(current) | |
INTERNATIONAL CLASS | 025 |
DESCRIPTION | |
Footwear.; Clothing, namely, t-shirts, Fleeces, hats, and beanies | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/20/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 11/20/2018 |
GOODS AND/OR SERVICES SECTION (025)(proposed) | |
INTERNATIONAL CLASS | 025 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
Footwear; Clothing, namely, t-shirts, fleece jackets, hats, and beanies. | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/20/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 11/20/2018 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\124\88212427\xml5\ ROA0003.JPG |
SPECIMEN DESCRIPTION | website screen shot showing use of the mark on the goods at point of sale |
GOODS AND/OR SERVICES SECTION (035)(current) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
On-line retail store services featuring footwear, apparel, and eyewear; charitable services, namely, promoting awareness of gun violence | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/20/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 11/20/2018 |
GOODS AND/OR SERVICES SECTION (035)(proposed) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
On-line retail store services featuring footwear, apparel, and eyewear; charitable services, namely, promoting awareness of gun violence | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 11/20/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 11/20/2018 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\124\88212427\xml5\ ROA0004.JPG |
SPECIMEN DESCRIPTION | website screen shot showing use of the mark in connection with the services |
ADDITIONAL STATEMENTS SECTION | |
DISCLAIMER | No claim is made to the exclusive right to use "END GUN VIOLENCE" apart from the mark as shown. |
MISCELLANEOUS STATEMENT | Pursuant to a discussion with the Examining Attorney, applicant is submitting an amended specimen without the registration symbol and the blue border. Applicant notes that without the blue border, there are no "white areas" in the mark aside from the middle white strip on the TOMS logo, which has already been claimed in the mark description. Any other white space serves as a transparent background area, and is not claimed as a feature of the mark. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Palak Mayani Parikh/ |
SIGNATORY'S NAME | Palak Mayani Parikh |
SIGNATORY'S POSITION | Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER | 212-836-7243 |
DATE SIGNED | 03/14/2019 |
RESPONSE SIGNATURE | /Palak Mayani Parikh/ |
SIGNATORY'S NAME | Palak Mayani Parikh |
SIGNATORY'S POSITION | Attorney of Record, New York Bar Member |
SIGNATORY'S PHONE NUMBER | 212-836-7243 |
DATE SIGNED | 03/14/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Mar 14 10:53:11 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XX-2 0190314105311699687-88212 427-6203e86d0b5a5cbf81f43 bd7c5aa83bdfadfe943999e5b 2215f0e83b83a730a4-N/A-N/ A-20190314104107494899 |
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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.