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: 88346455

Filing Date: 03/19/2019

To the Commissioner for Trademarks:

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

The applicant, Backcountry.com, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1678 West Redstone Center Drive
      Park City, Utah 84098
      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 025:  Clothing, namely, t-shirts, shirts, sweatshirts, tank-tops, multipurpose neckwear, bandanas, pants, softshell pants, ski pants, shorts, socks, jackets, technical shell jackets, vests, sweaters, dresses, gloves, belts, glove liners as clothing, neck gaiters, tights, underwear, thermal underwear, balaclavas, mittens, belts, skirts, skorts, bathing suits, coats, cycling shorts and cyclists' jerseys, camisoles, leggings, parkas, pullovers, gaiters, bathing trunks, hoodies, girdles, collar protectors, hosiery, sportswear, weather-resistant outdoor clothing; Outdoor apparel, namely, tech shells, jackets, pants, base layers, gloves, and hats; Ski boots and snowboard boots; Infant clothing, namely, bodysuits; Headwear, namely caps, cap visors, hats, beanies, headbands
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 035:  On-line retail store services featuring clothing, headwear, footwear, outerwear, eyewear, running clothing and running shoes, bike clothing, fitness clothing and accessories, tote bags, watches, activity trackers, compasses, inclinometers, heart rate monitors, altimeters and accessories, tote bags, ski and snowboard equipment, snowshoes, avalanche safety, and other winter accessories, mountain, road, cyclocross, triathlon, time and trial, and kid's bikes, bike parts, bike helmets, bike clothing, and bike accessories, kayaks, kayak clothing, and related accessories, canoes, paddles and related accessories, personal flotation devices, water safety helmets, survival gear, safety kits, rescue throw bags, camping, hiking, backpacking, fishing, rock climbing, wall climbing, mountaineering, and mountain climbing equipment and related accessories, surfboards, wetsuits, rashguards, and surf accessories, yoga mats, foam blocks, foam rollers, meditation cushions, towels, smart scales, audio equipment, food, nutritional supplements, luggage, luggage and equipment car racks and related accessories; Dissemination of advertising for others via an on-line electronic communication network; Promoting the goods and services of others by preparing and placing advertisements on a web site access through a global computer network; Provision of information and advice to consumers regarding the selection of products and items to be purchased according to customer needs and interests, including the suitability of items for use while traveling to particular destinations
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:
      John M. Kim and Joshua J. Richman, Molly M. Weitzberg, Benjamin S. White, Joanna Y. Chen, Irene B. Choe, Phillip L. Kim, Tajiana A. Zurita, Jennifer M. Abma, Zayde J. Khalil of IPLA, LLP
      Suite 200
      4445 Eastgate Mall
      San Diego, California 92121
      United States
      858-272-0220(phone)
      858-272-0221(fax)
      trademarks@ipla.com (authorized)

The applicant's current Correspondence Information:

John M. Kim

IPLA, LLP

Suite 200       4445 Eastgate Mall

San Diego, California 92121

858-272-0220(phone)

858-272-0221(fax)

trademarks@ipla.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 $550 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: /Thomas M. Jeon/   Date: 03/19/2019
Signatory's Name: Thomas M. Jeon
Signatory's Position: General Counsel, EVP
Payment Sale Number: 88346455
Payment Accounting Date: 03/20/2019

Serial Number: 88346455
Internet Transmission Date: Tue Mar 19 14:02:27 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190319140227
891449-88346455-620657bde0a5e1bbc66e3a9c
8932c20bed1a295163a461eaf6e663c39f677bf9
-CC-322-20190314173407161860