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: 88673905

Filing Date: 10/30/2019

To the Commissioner for Trademarks:

MARK: SHEARWATER (Standard Characters, see mark)
The literal element of the mark consists of SHEARWATER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Shearwater Research Inc., a corporation of Canada, having an address of
      250-13155 Delf Place
      Richmond, B.C. V6V2A2
      Canada

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 009:  Scuba diving equipment, namely, rebreather oxygen controllers, rebreather oxygen sensor monitors, dive computers and dive watches

In International Class 009, 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 04/09/2013, and first used in commerce at least as early as 07/09/2013, 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) photo of packaging for the goods.
Specimen File1

International Class 009:  Scuba diving equipment, namely, rebreather oxygen controllers, rebreather oxygen sensor monitors, dive computers and dive watches

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 Canada application number 1987707, filed 09/30/2019.
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4450017.


The applicant hereby appoints Derek J. Westberg, Esq.. Derek J. Westberg, Esq. of Westberg Law Offices, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      569 Clyde Ave Ste 530
      Mountain View, California 94043
      United States
      650-968-2041(phone)
      6509684383(fax)
      derek@westberglaw.com (authorized).
The attorney docket/reference number is 1898T10US.
Derek J. Westberg, 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's current Correspondence Information:

Derek J. Westberg, Esq.

Westberg Law Offices

569 Clyde Ave Ste 530

Mountain View, California 94043

650-968-2041(phone)

6509684383(fax)

derek@westberglaw.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: /Derek J. Westberg/   Date: 10/30/2019
Signatory's Name: Derek J. Westberg, Esq.
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 88673905
Payment Accounting Date: 10/30/2019

Serial Number: 88673905
Internet Transmission Date: Wed Oct 30 14:36:34 EDT 2019
TEAS Stamp: USPTO/BAS-2601:648:8104:9410:35f0:2f9a:d
6f9:ac01-20191030143634330845-88673905-7
00182b551d980bd55b603a279dae3ddc9990d751
d6a5241ee5e221f2810ae1d-CC-36329232-2019
1030140331093638