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: 88236483

Filing Date: 12/20/2018

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant is not claiming color as a feature of the mark. The mark consists of a smiley face with an "X" for the left and right eye, there are drip marks coming down from the eyes, mouth and bottom of the face, and the top of the circle does not connect.
The applicants, Benjamin Negrin, a citizen of United States, having an address of
      2935 Charlotte Drive
      Merrick, New York 11566
      United States
Joshua Rosenberg, a citizen of United States, having an address of
      2927 Shore Road
      Merrick, New York 11566
      United States
request 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, namely, men's and women's sports wear shirts, sweatshirts, pants, shorts, sleepwear, loungewear, shoes, hats, scarves, jackets and fabrics
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.



The applicant's current Attorney Information:
      Samuel Digirolamo and Alan S. Nemes, Michelle Alvey, Dan S. Cohn, S. Myers Dill, Daan G. Erikson, Tara Allstun, Marriam Lin, Caroline Chicoine, Fred Rusche of Husch Blackwell LLP      190 Carondelet Plaza, Suite 600
      St. Louis, Missouri 63105
      United States
      314-480-1500(phone)
      314-480-1505(fax)
      pto-sl@huschblackwell.com (authorized)
The attorney docket/reference number is 60706.9.

The applicant's current Correspondence Information:

Samuel Digirolamo

Husch Blackwell LLP

190 Carondelet Plaza, Suite 600

St. Louis, Missouri 63105

314-480-1500(phone)

314-480-1505(fax)

pto-sl@huschblackwell.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: /Benjamin Negrin//bn/   Date: 12/19/2018
Signatory's Name: Benjamin Negrin
Signatory's Position: Owner
Signature: /Joshua Rosenberg//jr/   Date: 12/19/2018
Signatory's Name: Joshua Rosenberg
Signatory's Position: Owner
Payment Sale Number: 88236483
Payment Accounting Date: 12/20/2018

Serial Number: 88236483
Internet Transmission Date: Thu Dec 20 09:42:00 EST 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2018122009420097
3361-88236483-620b896cee9083d931db657599
624dfaf1937e26d43b696b5dadac93713df148-D
A-11810-20181217112356395998