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: 88466946

Filing Date: 06/10/2019

To the Commissioner for Trademarks:

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

The applicant, Black Diamond Equipment, Ltd., a corporation of Delaware, having an address of
      2084 East 3900 South
      Salt Lake City, Utah 84124
      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:  Footwear

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/00/2017, and first used in commerce at least as early as 09/00/2017, 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) Photograph of goods bearing the mark.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3895591, 4313399, 3812723, and others.

The applicant's current Attorney Information:
      Brendan P. McFeely and Adam M. Cohen; Linda M. Doughery; and other attorneys of Kane Kessler, PC of Kane Kessler, PC      666 Third Avenue
      New York, New York 10017
      United States
      212-541-6222(phone)
      212-245-3009(fax)
      trademark@kanekessler.com (authorized)
The attorney docket/reference number is 5098-39.

The applicant's current Correspondence Information:

Brendan P. McFeely

Kane Kessler, PC

666 Third Avenue

New York, New York 10017

212-541-6222(phone)

212-245-3009(fax)

trademark@kanekessler.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 $275 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: /brendan p mcfeely/   Date: 06/10/2019
Signatory's Name: Brendan P. McFeely
Signatory's Position: Attorney of Record; New York State bar member
Payment Sale Number: 88466946
Payment Accounting Date: 06/11/2019

Serial Number: 88466946
Internet Transmission Date: Mon Jun 10 17:34:59 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-201906101734596183
40-88466946-620cda54bef326f107861e0e4df3
ab7eda7255bcf576472c29ae86d61358e02a6d-C
C-4732-20190610162611246565