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: 88675330

Filing Date: 10/31/2019

To the Commissioner for Trademarks:

MARK: Flame (stylized and/or with design, see mark)
The literal element of the mark consists of Flame. The mark consists of the word "FLAME" in a stylized font with the letter "A" in the shape of a flame design.
The applicant, Juergen Feuerstein, a citizen of Germany, having an address of
      Willy-Brandt-Str. 9/2
      Lahr 77933
      Germany

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 002:  Paints and lacquers; colorants for artists in the nature of alcoholic inks, acrylic inks and water based inks

In International Class 002, 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 02/00/2011, and first used in commerce at least as early as 00/00/2012, 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) Digital photo of paint can bearing mark..
Specimen File1

International Class 016:  Paper, cardboard cartons, stationery; artist's utensils, namely, painting, writing, and drawing instruments, pencils, colored crayons, chalk, colored writers in the nature of markers, fiber writers in the nature of markers paintbrushes, and writing, drawing, and painting sketch books

In International Class 016, 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 02/00/2011, and first used in commerce at least as early as 00/00/2012, 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) Digital photo of marker bearing mark..
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4599458.


The applicant hereby appoints Michael J. Hertz. Michael J. Hertz of Woods Rogers PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1400
      10 South Jefferson Street
      Roanoke, Virginia 24011
      United States
      540-983-7611(phone)
      540-983-7711(fax)
      mhertz@woodsrogers.com (authorized).

Michael J. Hertz 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 Michael J. Hertz of Woods Rogers PLC
      10 South Jefferson Street
      Suite 1400
      Roanoke Virginia 24011
      United States
      540-983-7611(phone)
      540-983-7711(fax)
      mhertz@woodsrogers.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:

Michael J. Hertz

Woods Rogers PLC

Suite 1400       10 South Jefferson Street

Roanoke, Virginia 24011

540-983-7611(phone)

540-983-7711(fax)

mhertz@woodsrogers.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: /Michael J. Hertz/   Date: 10/31/2019
Signatory's Name: Michael J. Hertz
Signatory's Position: Attorney of record, Virginia bar member
Payment Sale Number: 88675330
Payment Accounting Date: 10/31/2019

Serial Number: 88675330
Internet Transmission Date: Thu Oct 31 12:13:05 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201910311213050
69930-88675330-700312d7136bb5a1843a64aca
03da2aec6dd2f5d8616426f49e6b152a1a73cd-C
C-13033050-20191031120800740060