Notice of Allowance

APG

Active Performance Gear, LLC

Official USPTO Notice of Allowance: U.S. Trademark SN 88319913: APG (Stylized/Design): Docket/Reference No. 646678-3003


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, January 28, 2020 00:09 AM
To: ipdocketing@foley.com
Cc: jfulmer@foley.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88319913: APG (Stylized/Design): Docket/Reference No. 646678-3003



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Jan 28, 2020

U.S. Serial Number:   88319913
Mark:   APG (Stylized/Design)
Docket/Reference Number:  646678-3003

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88319913
Mark: APG (Stylized/Design)
Docket/Reference Number: 646678-3003
Owner: Active Performance Gear, LLC
5500 Preston Rd., Suite 250
Dallas , TEXAS   75205

Correspondence Address: Jason R. Fulmer
FOLEY & LARDNER LLP
2021 MCKINNEY AVE., SUITE 1600
DALLAS TX 75201


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

018 - All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags in the nature of rucksacks for mountaineers; Boston bags, internal frame backpacks and external frame backpacks, backpack with water bottle pockets, fitted protective rain covers used to cover the aforesaid; hydration packs, namely, backpacks compatible with personal hydration systems consisting of a backpack, a reservoir, and a mouthpiece connected to the reservoir by a tube, sold empty; backpack shoulder harness straps; parts and fittings for all the aforesaid goods, namely, straps and protective fitted liners; alpenstocks, umbrellas -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
021 - water bottles sold empty -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
025 - Clothing, namely, men's, women's, and children's T-shirts, shirts, tops, sweatshirts, sweatpants, pants, side zip pants, shorts, trousers, jeans, vests, parkas, anoraks, coats , jackets, wind-resistant jackets, jackets with hoods, pullovers, sweaters, coveralls, underwear, thermal underwear, boxer briefs, sleepwear, loungewear, hosiery, socks, tights , gloves, mittens; outerwear, namely, shell jackets, one-piece shell suits, ski wear, ski suits, ski vests, ski jackets, ski bibs, bib overalls, bib pants, snowboard wear, namely, trousers, jackets, gloves, boots; snow pants, snow suits, rain wear, rain jackets, rain pants, gaiters, neck gaiters, leg gaiters and ankle gaiters; skirts, skorts, dresses, swimsuits, swim trunks; footwear, namely, athletic shoes, sneakers, trail running shoes, climbing shoes, hiking shoes, slippers, climbing slippers, boots, trekking boots, hiking boots, sandals; headwear, namely, caps, hats, headbands, bandanas, scarves, earbands, earmuffs, balaclavas, visors, beanies; belts -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88319913&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88319913&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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