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: 88349041

Filing Date: 03/20/2019

To the Commissioner for Trademarks:

MARK: Young's Inc (Standard Characters, see mark)
The mark in your application is Young's Inc.


The applicant, Young's Inc., a corporation of Michigan, having an address of
      5073 Ann Arbor Road
      Dundee, Michigan 48131
      United States
      800-323-7799(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 020:  3D decorative ornaments made from plastic; Decorative 3D pillows and cushions; Decorative crosses made of Wood and/or metal, other than jewelry; Decorative mirrors; Decorative wooden wall letters for spelling names and words; Dreamcatchers; Furniture, mirrors, picture frames; Gift package decorations made of plastic; Household decor and garden ornaments made primarily of textiles and also including beads; Inflatable figures for use as outdoor holiday decorations; Picture frames; Picture frames with plush decorative outer surface; Picture and photograph frames; Plant racks; Plant stands; Plush figures for use as outdoor holiday decorations; Table tops; Three dimensional decorative mobiles made from felt; Three dimensional decorative ornaments made from plastic; Wall plaques made of plastic or wood; Wooden signboards

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 020, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/01/1988, and first used in commerce at least as early as 10/01/1988, 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) Pictures/images of the packaging of the products within this class with the trademark affixed to the packaging; images of catalog for this class of goods.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 021:  Ceramic figurines; Coffee mugs; Containers for household use; Containers for household or kitchen use; Cream and sugar set; Cups and mugs; Decorative ceramic tiles not for use as building materials; Decorative glass, not for building; Decorative plates; Decorative sand bottles; Drinking glasses, namely, tumblers; Glass for decorative purposes, namely, sea glass; Napkin holders; Stained glass; Vases

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 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/01/1988, and first used in commerce at least as early as 10/01/1988, 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) Pictures/images of the packaging of the products within this class with the trademark affixed to the packaging; images of catalog for this class of goods.
Specimen File1
Specimen File2
Specimen File3
Specimen File4


Disclaimer
No claim is made to the exclusive right to use "Young" or "Inc" 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 10/01/1988, and in commerce at least as early as 10/01/1988.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

For informational purposes only, applicant's website address is: http://www.youngsinc.com/new/
The applicant's current Attorney Information:
      Christopher M. Vukelich and William G. Tishkoff, Brooke N. Mathis of Tishkoff PLC      407 North Main Street
      Ann Arbor, Michigan 48104
      United States
      734-663-4077(phone)
      734-665-1613(fax)
      chris@tish.law (authorized)

The applicant's current Correspondence Information:

Christopher M. Vukelich

Tishkoff PLC

407 North Main Street

Ann Arbor, Michigan 48104

734-663-4077(phone)

734-665-1613(fax)

chris@tish.law;will@tish.law; brooke@tish.law (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: /Christopher M. Vukelich/   Date: 03/20/2019
Signatory's Name: Christopher M. Vukelich
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 734-663-4077
Payment Sale Number: 88349041
Payment Accounting Date: 03/21/2019

Serial Number: 88349041
Internet Transmission Date: Wed Mar 20 16:56:59 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201903201656594097
61-88349041-6202b8e31e2c02d2da0508bb1369
444aa7124a33097559581d1bf8634b735754c-CC
-3890-20190320165322795424