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: 88614644

Filing Date: 09/12/2019

To the Commissioner for Trademarks:

MARK: #USE THE EXISTING (stylized and/or with design, see mark)
The literal element of the mark consists of #USE THE EXISTING. The applicant is not claiming color as a feature of the mark. The mark consists of the terms #USE THE EXISTING in a stylized font inside a box.
The applicant, CONSITEX S.A., a corporation of Switzerland, having an address of
      Via Ligornetto, 13
      Stabio 6855
      Switzerland

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:  Suits; Sweaters; Sweat shirts; Waistcoats; Coats; Topcoats; Rainwear; Jackets; Quilted jackets; Parkas; Wind resistant jackets; Shirts; Tee-shirts; Shirt fronts; Dinner jackets; Sports singlets; Cuffs; Trousers; Trousers shorts; Boxer shorts; Briefs; Underwear; Brassieres; Arm warmers (clothing); Pyjamas; Pockets for clothing; Layettes; Babies' pants; Bathrobes; Swimming costumes; Combinations; Tracksuits; Belts; Suspenders; Robes; Masquerade costumes; Ski jackets; Ski trousers; Ski gloves; Maillots; Wedding dresses; Gowns; Evening wear; Skirts; Petticoats; Theatrical costumes; Footwear for men; Shoe uppers; Snow boots; Gaiters; Footwear soles; Heels; Training shoes; Tips for footwear; Dance shoes; Sandals; Gymnastic shoes; Bath sandals; Bath slippers; Boots; Ankle boots; Football boots; Lace boots; Ski boots; Mules; Beach shoes; Hiking boots; Running shoes; Socks; Stockings; Leotards; Berets; Caps; Cap peaks; Hats; Ear muffs; Neckties; Sashes for wear; Shawls; Ascots; Gloves; Mittens; Fur stoles; Chasubles; Bathing caps; Shower caps; Sleep masks; Aprons
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 018095134, filed 07/13/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Retailing, including provided online, of clothing, bags, leatherware, jewellery and accessories; Promotion services; Advertising; Sample distribution; Demonstration of goods; Marketing services; Organization of exhibitions for commercial or advertising purposes; Organisation of trade fairs for commercial or advertising purposes; Fashion shows for promotional purposes (Organization of -); Presentation of goods on communication media, for retail purposes; Production of promotional films; Production of advertising films; Modelling for advertising or sales promotion; Shop window dressing and Installation of signs; Shop window dressing; Merchandising (sales promotion); Organisation of exhibitions and events for commercial or advertising purposes; Online advertising and marketing, In particular personalised marketing of trade marks via social media
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 018095134, filed 07/13/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The applicant hereby appoints Jeffrey B. Sladkus, Esq.. Other appointed attorneys are Erica L. Tritt, Jason H. Cooper, Amy Lester-Drew. Jeffrey B. Sladkus, Esq. of The Sladkus Law Group, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1397 Carroll Drive
      Atlanta, Georgia 30318
      United States
      404-252-0900(phone)
      404-252-0970(fax)
      jeff@sladlaw.com (authorized).

Jeffrey B. Sladkus, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant hereby appoints Jeffrey B. Sladkus, Esq. of The Sladkus Law Group
      1397 Carroll Drive
      Atlanta Georgia 30318
      United States
      404-252-0900(phone)
      404-252-0970(fax)
      jeff@sladlaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Jeffrey B. Sladkus, Esq.

The Sladkus Law Group

1397 Carroll Drive

Atlanta, Georgia 30318

404-252-0900(phone)

404-252-0970(fax)

jeff@sladlaw.com; mandy@sladlaw.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $550 has been submitted with the application, representing payment for 2 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: /Jeffrey B. Sladkus/   Date: 09/12/2019
Signatory's Name: Jeffrey B. Sladkus
Signatory's Position: Attorney of record, Georgia bar member
Payment Sale Number: 88614644
Payment Accounting Date: 09/12/2019

Serial Number: 88614644
Internet Transmission Date: Thu Sep 12 15:33:59 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-201909121533596597
18-88614644-61052b520dad28ec140acff4a894
45c923b62881bfd1f551b43c3b4686c01169e9-C
C-33584529-20190912152655097065