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: 88383501

Filing Date: 04/12/2019

To the Commissioner for Trademarks:

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


The applicant, JAEB Designs Inc., a corporation of Colorado, having an address of
      3122 Eastwood Ct
      Boulder, Colorado 80304
      United States
      614-579-6702(phone)
      XXXX

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 034:  Cigarette tubes; Electronic cigarette lighters; Tobacco grinders; Tobacco pipe cleaners; Tobacco pipes; Tobacco tins

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 034, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2018, and first used in commerce at least as early as 06/27/2018, 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) Simple branding on Tobacco pipe, tobacco tin, medium size cigarette tube, large size cigarette tube, tobacco pipe cleaning pokers, tobacco grinder, and electric lighter..
Specimen File1
Specimen File2
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Specimen File8


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5410076, 5722487, and 5722488.

Translation
The wording Simple has no meaning in a foreign language.

Miscellaneous Statement
I am aware of registered trademark 5311191 as well as the office action response to application 88167284. Our trademark should register for the following reasons: 1. There is no record that Stone Arch Studio LLC has used the Simple mark in commerce on a water pipe. SimpleWaterPipe.com is owned by us and Stone Arch Studio LLC does not seem interested in using this trademark. 2. Stone Arch Studio LLC had no opposition to our stylized Simple trademark filing, which has successfully registered with the USPTO. They have also not raised any objections to our current use of the Simple mark on our products or attempted to defend the mark in any way. 3. Through our PenSimple brand and PenSimple trademark, we have had Simple associated with our products before Stone Arch Studio LLC claimed to be using the Simple mark in commerce. 4. Stone Arch Studio LLC is a glass studio. There is not potential for confusion with our products, since they are not made from glass.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 5722488 5410076 5722487.

For informational purposes only, applicant's website address is: http://www.simple.ac

The applicant's current Correspondence Information:

JAEB Designs Inc.

JAEB Designs Inc.

3122 Eastwood Ct

Boulder, Colorado 80304

614-579-6702(phone)

brian@jaebdesigns.com;brian@simple.ac (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 $225 has been submitted with the application, representing payment for 1 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: /Brian Seckel/   Date: 04/12/2019
Signatory's Name: Brian Seckel
Signatory's Position: CEO
Signatory's Phone Number: 614-579-6702
Payment Sale Number: 88383501
Payment Accounting Date: 04/15/2019

Serial Number: 88383501
Internet Transmission Date: Fri Apr 12 14:09:18 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2019041214091881
0706-88383501-62014e5c727ece0e8165362566
b49686e3b743bcf5934ec33343a6fc963b09ed5-
CC-460-20190412131046472401