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: 88383971

Filing Date: 04/12/2019

To the Commissioner for Trademarks:

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


The applicant, Western Express PA, LLC, a limited liability company legally organized under the laws of New York, having an address of
      3539 Lawson Blvd.
      Oceanside, New York 11572
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 014:  Bracelets; Costume jewelry; Earrings; Jewelry; Jewelry, namely, collar tips of common metal; Necklaces

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 014, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/01/1986, and first used in commerce at least as early as 07/01/1986, 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) use of the mark on applicant's website in association with the goods at point of sale.

Original PDF file:
SPE0-15118145-20190412162319550854_._Class_14_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 018:  Billfolds; Fanny packs; Key cases; Purses; Saddlery; Travel bags; Wallets; Whips; All purpose sport bags; Belt bags; Clutches; Coin purses; Drawstring bags; Leather bags; Tote bags; Travelling bags; Waist bags

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 018, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/01/1986, and first used in commerce at least as early as 07/01/1986, 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) use of the mark on applicant's website in association with the goods at point of sale.

Original PDF file:
SPE0-15118145-20190412162319550854_._Class_18_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 025:  Bandanas; Belts; Boots; Do rags for use as headwear; Dusters in the nature of coats; Footwear; Hats; Headbands; Jackets; Neckwear; Ponchos; Scarves; Shirts; Socks; Suspenders; Ties as clothing; Tips for footwear; Vests; Bolo ties

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 07/01/1986, and first used in commerce at least as early as 07/01/1986, 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) use of the mark on applicant's website in association with the goods at point of sale.

Original PDF file:
SPE0-15118145-20190412162319550854_._Class_25_Specimen.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-15118145-20190412162319550854_._Class_25_Specimen_2.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


Disclaimer
No claim is made to the exclusive right to use WESTERN apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5490958 and 5485301.


The applicant's current Attorney Information:
      Neil B. Friedman of Hodgson Russ, LLP      605 3rd Avenue, Suite 2300
      New York, New York 10158
      United States
      646-218-7605(phone)
      6462187665(fax)
      nfriedma@hodgsonruss.com (authorized)

The applicant's current Correspondence Information:

Neil B. Friedman

Hodgson Russ, LLP

605 3rd Avenue, Suite 2300

New York, New York 10158

646-218-7605(phone)

6462187665(fax)

nfriedma@hodgsonruss.com;ipdocketing@hodgsonruss.com; SFindora@hodgsonruss.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: /Neil B. Friedman/   Date: 04/12/2019
Signatory's Name: Neil B. Friedman
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 646-218-7605
Payment Sale Number: 88383971
Payment Accounting Date: 04/15/2019

Serial Number: 88383971
Internet Transmission Date: Fri Apr 12 16:49:26 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XXX.X.X-201904121649265306
94-88383971-620887c981bec347078a853444b1
b6be8577c2eee1410f6cea2093b018fe883aed-C
C-3904-20190412162319550854