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: 88533281

Filing Date: 07/24/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant is not claiming color as a feature of the mark. The mark consists of a three-dimensional configuration of an eyewear lens with a raised portion or bump at the top center portion. The dotted lines outlining the lens are intended to show placement of the mark on the goods and are not part of the mark.
The applicant, Saule, LLC, a limited liability company legally organized under the laws of California, having an address of
      9630 Aero Drive
      San Diego, California 92123
      United States
      760-696-6141(phone)
      ch@chedayatilaw.com (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 009:  Eyewear, namely, sunglasses and sunglass lenses

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 02/01/2017, and first used in commerce at least as early as 10/04/2017, 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) screenshot of the mark used on the goods at point of purchase from webstore.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4766123 and 5737504.

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 01/15/2012, and in commerce at least as early as 01/15/2012.

Miscellaneous Statement
Applicant is also owner of prior filed application serial no. 88500448

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). 5737504.

For informational purposes only, applicant's website address is: www.ride100percent.com
The applicant's current Attorney Information:
      Carrie A. R. Hedayati and Craig O. Correll of Law Office of Carrie Hedayati      P.O Box 100
      Vista, California 92085
      United States
      760-696-6141(phone)
      ch@chedayatilaw.com (authorized)
The attorney docket/reference number is SPDTRPBUMP.

The applicant's current Correspondence Information:

Carrie A. R. Hedayati

Law Office of Carrie Hedayati

P.O Box 100

Vista, California 92085

760-696-6141(phone)

ch@chedayatilaw.com;zcraig@earthlink.net (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: /Carrie A R Hedayati/   Date: 07/24/2019
Signatory's Name: Carrie Hedayati
Signatory's Position: Attorney of Record, California Bar
Signatory's Phone Number: 760-696-6141
Payment Sale Number: 88533281
Payment Accounting Date: 07/24/2019

Serial Number: 88533281
Internet Transmission Date: Wed Jul 24 13:28:22 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2019072413282224
1013-88533281-62083c0b37f69dcf2987cb66ef
5b268bb4865ccf7d13f3fa08e2d2d8e4434f9f99
2-CC-13137-20190724131655594316