TEAS Plus 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

TEAS Plus Application

Serial Number: 88279132

Filing Date: 01/28/2019

To the Commissioner for Trademarks:

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

The mark in your application is !.
The mark consists of the character "!" shaded and positioned to appear to be taking a bow with one hand along the side of the character and one hand across the center of the character.
The applicant, Break A Leg NY, LLC, a limited liability company legally organized under the laws of New York, having an address of
      8 Amherst Road
      Hicksville, New York 11801
      United States
      516-815-0950(phone)
      XXXX (not authorized)

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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 035:  On-line wholesale and retail store services featuring books, clothing, music, office supplies, portfolios, gift bags, electronics, and other theater related merchandise

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/20/2017, and first used in commerce at least as early as 10/20/2017, 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) Webpage.
Specimen File1
Specimen File2



Miscellaneous Statement
The applicant claims ownership of active prior U.S. Serial Number(s): 87927023


The applicant's current Attorney Information:
      Jason D. Stone of Stone Law, P.C.      18 Robbins Street, Floor 2
      Toms River, New Jersey 08753
      United States
      732-444-6303(phone)
      usptotrademark@stoneslaw.net (authorized)
The attorney docket/reference number is 2019-00434.

The applicant's current Correspondence Information:

Jason D. Stone

Stone Law, P.C.

18 Robbins Street, Floor 2

Toms River, New Jersey 08753

732-444-6303(phone)

usptotrademark@stoneslaw.net;jstone@stoneslaw.net (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or 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 Plus 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 $225 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: /Angela Artuso/   Date: 01/28/2019
Signatory's Name: Angela Artuso
Signatory's Position: Member
Signatory's Phone Number: 516-815-0950
Payment Sale Number: 88279132
Payment Accounting Date: 01/29/2019

Serial Number: 88279132
Internet Transmission Date: Mon Jan 28 14:49:44 EST 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XXX-2019012814494427
8297-88279132-62062114dd592136e8527e58e5
4a7dec9e5cb13931ed774ce429c7ebdb1c58dbc7
-CC-1392-20190123131600520985