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: 88319927

Filing Date: 02/28/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of APG.
The applicant is not claiming color as a feature of the mark. The mark consists of an initial triangle design, a stylized letter "P" and a stylized letter "G".
The applicant, Active Performance Gear, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      5500 Preston Rd., Suite 250
      Dallas, Texas 75205
      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 018:  All-purpose sporting bags, backpacks, day packs, knapsacks, rucksacks, book bags, tote bags, handbags, duffel bags, knap sacks and duffel bags, messenger bags, hip and lumbar packs, backpack hip belts, shoulder bags, waist packs, fanny packs, satchels, mountaineering bags, 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
Intent to Use: 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.

       International Class 021:  water bottles sold empty
Intent to Use: 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.

       International Class 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, snowshoes, sandals; headwear, namely, caps, hats, headbands, bandanas, scarves, earbands, earmuffs, balaclavas, visors, beanies; belts
Intent to Use: 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.



The applicant's current Attorney Information:
      Jason R. Fulmer and Practitioners associated with Customer No. 32914 of Foley & Lardner LLP      2021 McKinney Ave., Suite 1600
      Dallas, Texas 75201
      United States
      214-999-4487(phone)
      2149993623(fax)
      ipdocketing@foley.com (authorized)
The attorney docket/reference number is 646678-3005.

The applicant's current Correspondence Information:

Jason R. Fulmer

Foley & Lardner LLP

2021 McKinney Ave., Suite 1600

Dallas, Texas 75201

214-999-4487(phone)

2149993623(fax)

ipdocketing@foley.com;jfulmer@foley.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 $825 has been submitted with the application, representing payment for 3 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: /David Noble/   Date: 02/28/2019
Signatory's Name: David Noble
Signatory's Position: Authorized signatory
Payment Sale Number: 88319927
Payment Accounting Date: 02/28/2019

Serial Number: 88319927
Internet Transmission Date: Thu Feb 28 11:54:57 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-201902281154572281
96-88319927-620e712c6122a50a7d47d2b19f9a
dfb1a96dc97ef27e2c19387ce78cd8d7f5bda8-C
C-14133-20190227163631974081