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: 88319154

Filing Date: 02/27/2019

To the Commissioner for Trademarks:

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

The mark in your application is FIREBALL.
The color(s) red, orange, yellow, black is/are claimed as a feature of the mark. The mark consists of FIREBALL written in all capital letters outlined in black and filled in with the colors of flame: red, yellow and orange.
The applicant, Auto Fire Guard, LLC, DBA Auto Fire Guard, a limited liability company legally organized under the laws of Colorado, having an address of
      200 S. Wilcox St. Ste 206
      200 S. Wilcox St. Ste 206
      Castle Rock, Colorado 80104
      United States
      920-214-8500(phone)
      866-877-5566(fax)
      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 004:  Solid fire starters

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 004, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/27/2019, and first used in commerce at least as early as 02/27/2019, 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) Commercial trade show booth with mark printed and in use in commerce..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 009:  Fire extinguishing apparatus

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 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/27/2019, and first used in commerce at least as early as 02/27/2019, 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) Commercial Trade show booth at public event..
Specimen File1



Disclaimer
No claim is made to the exclusive right to use FIREBALL apart from the mark as shown.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 02/27/2019, and in commerce at least as early as 02/27/2019.

For informational purposes only, applicant's website address is: www.autofireguard.com
The applicant's current Attorney Information:
      Grant Van Der Jagt of Starzynski Van Der Jagt P.C.
      200 S. Wilcox St. Ste 206
      200 S. Wilcox St. Ste 206
      Castle Rock, Colorado 80104
      United States
      920-214-8500(phone)
      866-877-5566(fax)
      grant@vdjlaw.com (authorized)

The applicant's current Correspondence Information:

Grant Van Der Jagt

Starzynski Van Der Jagt P.C.

200 S. Wilcox St. Ste 206       200 S. Wilcox St. Ste 206

Castle Rock, Colorado 80104

920-214-8500(phone)

866-877-5566(fax)

grant@vdjlaw.com;dagna@vdjlaw.com (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 $450 has been submitted with the application, representing payment for 2 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: /Grant Van Der Jagt/   Date: 02/27/2019
Signatory's Name: Grant Van Der Jagt
Signatory's Position: Owner
Signatory's Phone Number: 920-214-8500
Payment Sale Number: 88319154
Payment Accounting Date: 02/28/2019

Serial Number: 88319154
Internet Transmission Date: Wed Feb 27 20:04:28 EST 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XX-2019022720042822
5701-88319154-620f97b06ccc90d1ace96652a3
65b4ed5f9fbdb3b4038d5497e2156e21e9ef-CC-
6970-20190227191529796957