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: 88270920

Filing Date: 01/22/2019

To the Commissioner for Trademarks:

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

The applicant, Leisure Concepts, Inc., a corporation of Washington, having an address of
      5342 N.Florida St.
      Spokane, Washington 99217
      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 011:  Fitted spa covers

In International Class 011, 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 11/01/2011, and first used in commerce at least as early as 11/01/2011, 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) Copy of instruction manual included with product when purchased which displays mark.

Original PDF file:
SPE0-751500189-20190122130142431316_._SMARTOP_specimen__00109042xB8FA7_.pdf
Converted PDF file(s) (1 page)
Specimen File1


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:
      Shamus T. O'Doherty and William A. Jeckle; James E. Lake of Randall | Danskin PS
      Suite 1500
      601 W. Riverside
      Spokane, Washington 99201
      United States
      509-747-2052(phone)
      5096242528(fax)
      sto@randalldanskin.com (authorized)
The attorney docket/reference number is 37212-56.

The applicant's current Correspondence Information:

Shamus T. O'Doherty

Randall | Danskin PS

Suite 1500       601 W. Riverside

Spokane, Washington 99201

509-747-2052(phone)

5096242528(fax)

sto@randalldanskin.com;ip@randalldanskin.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: /Shamus T. O'Doherty/   Date: 01/22/2019
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, Washington bar member
Payment Sale Number: 88270920
Payment Accounting Date: 01/22/2019

Serial Number: 88270920
Internet Transmission Date: Tue Jan 22 13:10:34 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.X.XXX-20190122131034536
313-88270920-62011e874d081eaec56c14193d0
336bd677a5a3105e696581b32035dc1018e13ef-
CC-19309-20190122130142431316