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: 88636756

Filing Date: 09/30/2019

To the Commissioner for Trademarks:

MARK: EMP (Standard Characters, see mark)
The literal element of the mark consists of EMP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicants, Walls-Pickett, Arnita, DBA EMP Apparel, a limited liability company legally organized under the laws of Minnesota, having an address of
      1128 142ND LN NW
      ANDOVER, Minnesota 55304
      United States
      952-923-3187(phone)
      awalls_2000@yahoo.com
Pickett, Gregory, DBA EMP Apparel, a limited liability company legally organized under the laws of Minnesota, having an address of
      1128 142ND LN NW
      ANDOVER, Minnesota 55304
      United States
      952-923-3187(phone)
      awalls_2000@yahoo.com
request 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 018:  Duffle bags; Handbags; Tote bags
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Athletic tops and bottoms for yoga and runners; Belts; Crop tops; Dresses; Hats; Headbands; Hoodies; Jackets and socks; Jerseys; Jogging pants; Leggings; Shoes; Shorts; T-shirts; Tank tops; Yoga pants; Graphic T-shirts
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. (15 U.S.C. Section 1051(b)).

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 08/02/2019, and first used in commerce at least as early as 09/01/2019, and is now in use in such commerce. The applicants are 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) Hoodies, Hats, Jogging Pants.
Specimen File1
Specimen File2


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

Translation
The wording EMP Apparel has no meaning in a foreign language.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-731649730-171104355_._EMPLOGOblk_orig.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1

The applicant's current Correspondence Information:

Arnita Walls Pickett

1128 142ND LN NW

ANDOVER, Minnesota 55304

952-923-3187(phone)

awalls_2000@yahoo.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or 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 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 $450 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: /gregory pickett/,1124/   Date: 09/30/2019
Signatory's Name: Gregory Pickett
Signatory's Position: Owners
Signatory's Phone Number: 952-923-3187

Signature: /arnita walls pickett/,0824/   Date: 09/30/2019
Signatory's Name: Arnita D Walls Pickett
Signatory's Position: Owners
Signatory's Phone Number: 952-923-3187
Payment Sale Number: 88636756
Payment Accounting Date: 09/30/2019

Serial Number: 88636756
Internet Transmission Date: Mon Sep 30 18:28:33 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20190930182833087
884-88636756-610261ad32f4af0a438b47ed63c
e71fbbae76f42190da862c5723079f296cbc2b-C
C-28306259-20190930171104355905