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)

---

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: 88261791

Filing Date: 01/15/2019

To the Commissioner for Trademarks:

MARK: ACTIVE ES (stylized and/or with design, see mark)

The literal element of the mark consists of ACTIVE ES.
The applicant is not claiming color as a feature of the mark. The mark consists of highly stylized letters of "AES" where the letter "A" appears as a backslash with a dot near the lower portion of the backslash, the letter "E" appears as three horizontal lines without a vertical line connection, and the letter "S" appears as a mirror image of the letter "Z", beneath which appears the wording "ACTIVE ES".
The applicant, Wacom Co., Ltd., a corporation of Japan, having an address of
      2-510-1 Toyonodai, Kazo-shi
      Saitama 349-1148
      Japan

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 009:  Electronic pens; graphics tablets; LCD graphics tablets; Tablet computer; computers

Priority based on foreign filing: 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 and asserts a claim of priority based on Japan application number 2018-164024, filed 12/27/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant's current Attorney Information:
      Robert B.G. Horowitz, Esq. and Lesley McCall Grossberg, Esq., Kevin M. Wallace, Esq., Lisa Bollinger Gehman, Esq. of Baker & Hostetler LLP      45 Rockefeller Plaza, 14th Floor
      New York, New York 10111
      United States
      212-589-4200(phone)
      212 589-4201(fax)
      bhipdocket@bakerlaw.com (authorized)
The attorney docket/reference number is 41775.19.

The applicant hereby appoints Robert B.G. Horowitz, Esq. of Baker & Hostetler LLP
      45 Rockefeller Plaza, 14th Floor
      New York New York 10111
      United States
      212-589-4200(phone)
      212 589-4201(fax)
      bhipdocket@bakerlaw.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Robert B.G. Horowitz, Esq.

Baker & Hostetler LLP

45 Rockefeller Plaza, 14th Floor

New York, New York 10111

212-589-4200(phone)

212 589-4201(fax)

bhipdocket@bakerlaw.com;rhorowitz@bakerlaw.com; jcupito@bakerlaw.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: /Yuichi Ide/   Date: 01/15/2019
Signatory's Name: Yuichi Ide
Signatory's Position: Vice President
Payment Sale Number: 88261791
Payment Accounting Date: 01/15/2019

Serial Number: 88261791
Internet Transmission Date: Tue Jan 15 09:50:19 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2019011509501926
5396-88261791-620706b46c6e7591722f9919b4
259e1d132cdf385c9d882b5796d16724b79830d5
-DA-7946-20190110141738553913