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: 88365509

Filing Date: 04/01/2019

To the Commissioner for Trademarks:

MARK: TOUGH (Standard Characters, see mark)
The mark in your application is TOUGH.


The applicant, Evergreen Supply LLC, a limited liability company legally organized under the laws of Puerto Rico, having an address of
      Suite 806
      954 Ave Ponce De Leon
      San Juan 00907
      Puerto Rico

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 009:  Ski goggles

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 12/01/2016, and first used in commerce at least as early as 12/01/2016, 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) A printout of Applicant's website showing the mark used in commerce, namely advertising the goods offered.

Original PDF file:
SPE0-1086136214-20190312162347077219_._Neo_Ski_Goggles___Tough_Outfitters.pdf
Converted PDF file(s) (4 pages)
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 024:  Sleeping bags; Towels

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 024, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/01/2016, and first used in commerce at least as early as 12/01/2016, 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) A printout of Applicant's website showing the mark used in commerce, namely, advertising the goods offered; A printout of Applicant's website showing the mark used in commerce, namely advertising the claimed goods..
JPG file(s):
Specimen File1
Original PDF file:
SPE0-9810966199-20190401114111913204_._Tough_Towels_-_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Gloves; Headwear, namely, beanies, neck warmers, ski masks, headbands, bandanas, hats, head ties, skull caps, and scarves; Sleeves worn separate and apart from blouses, shirts and other tops; Outdoor mittens

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 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/01/2016, and first used in commerce at least as early as 12/01/2016, 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) An image of Applicant's mark used in commerce, namely the mark featured on a page advertising the product; A printout of Applicant's website showing the mark used in commerce, namely advertising the goods offered; A printout of Applicant's website showing the mark used in commerce, namely, advertising the goods offered.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-1086136214-20190312162347077219_._Balaclava_-_Fleece_Hood_with_Air_Mask___Tough_Outfitters.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-1086136214-20190313100322502461_._Leather_Grip_Womens_Ski_Mittens___Tough_Outfitters.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4



The applicant's current Attorney Information:
      Erik Dykema and Kyle Zeller, Jessica Wu of Zeller IP Group PLLC
      Suite 6 - 6
      155 Water Street
      Brooklyn, New York 11201
      United States
      972-920-8002(phone)
      uspto@zellerip.com (authorized)
The attorney docket/reference number is CHAIRM105012.

The applicant's current Correspondence Information:

Erik Dykema

Zeller IP Group PLLC

Suite 6 - 6       155 Water Street

Brooklyn, New York 11201

972-920-8002(phone)

973-761-2543(fax)

uspto@zellerip.com;erik@zellerip.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 $675 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: /Erik Dykema/   Date: 04/01/2019
Signatory's Name: Erik Dykema
Signatory's Position: Attorney of Record, New York Bar
Signatory's Phone Number: 972-920-8002
Payment Sale Number: 88365509
Payment Accounting Date: 04/01/2019

Serial Number: 88365509
Internet Transmission Date: Mon Apr 01 11:58:16 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2019040111581642
3838-88365509-620226b26b0f81a675b48468ae
365b6ff7989bebefaa5b682d114454a1574b4-CC
-12084-20190401114111913204