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: 88665551

Filing Date: 10/23/2019

To the Commissioner for Trademarks:

MARK: TORQ (stylized and/or with design, see mark)
The literal element of the mark consists of TORQ. The applicant is not claiming color as a feature of the mark. The mark consists of the word "TORQ" in stylized letters.
The applicant, Smart Inc., a corporation of California, having an address of
      14108 S. Western Avenue
      Gardena, California 90249
      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 007:  Orbital and random orbital polishers to used for detailing vehicles

In International Class 007, 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 11/01/2014, and first used in commerce at least as early as 11/01/2014, 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) an image showing the mark on the goods and on the packaging for the goods.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4943131 and 5439808.


The applicant hereby appoints Mark I. Reichenthal. Other appointed attorneys are David Branfman, Rexford Brabson, Melissa Bustarde, Darwin Bustarde. Mark I. Reichenthal of Branfman Mayfield Bustarde Reichenthal LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      462 Stevens Avenue, Suite 303
      Solana Beach, California 92075
      United States
      858-793-8090(phone)
      858-793-8099(fax)
      mark@bmbr.com (authorized).

Mark I. Reichenthal 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's current Correspondence Information:

Mark I. Reichenthal

Branfman Mayfield Bustarde Reichenthal LLP

462 Stevens Avenue, Suite 303

Solana Beach, California 92075

858-793-8090(phone)

858-793-8099(fax)

mark@bmbr.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 $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: /Mark I. Reichenthal/   Date: 10/23/2019
Signatory's Name: Mark I. Reichenthal
Signatory's Position: Attorney for Applicant, Member of State Bar of California
Payment Sale Number: 88665551
Payment Accounting Date: 10/23/2019

Serial Number: 88665551
Internet Transmission Date: Wed Oct 23 14:52:01 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019102314520173
4446-88665551-6102a7e814649946d263494f92
02e46384c1b195dac3398915396655d848397661
-CC-52000333-20191023142424247064