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: 88713861

Filing Date: 12/03/2019

To the Commissioner for Trademarks:

MARK: Open Up The Outdoors (Standard Characters, see mark)
The literal element of the mark consists of Open Up The Outdoors. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Forde McGovern & Associates, a corporation of California, having an address of
      905 Calle Amanecer, Suite 160
      San Clemente, California 92673
      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 022:  Tents, beach tents, and sun tents primarily of metal; sunroofs being tents primarily of metal poles with a textile top to provide shelter from sun, rain or snow, canopies primarily of metal poles with a textile top to provide shelter from sun, rain or snow, and awnings primarily of metal poles with a textile top to provide shelter from sun, rain or snow

In International Class 022, 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 12/21/2017, and first used in commerce at least as early as 03/01/2019, 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) Boxes at a retail store with the mark on the side..
Specimen File1
Specimen File2



The applicant hereby appoints Benjamin Price. Benjamin Price of Bremer Whyte Brown & O'Meara, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      20320 S.W. Birch Street, 2nd Fl., 2nd Fl
      Newport Beach, California 92660
      United States
      949-221-1000(phone)
      bprice@bremerwhyte.com (authorized).
The attorney docket/reference number is 6058.004.
Benjamin Price 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:

Benjamin Price

Bremer Whyte Brown & O'Meara, LLP

20320 S.W. Birch Street, 2nd Fl.

Newport Beach, California 92660

949-221-1000(phone)

bprice@bremerwhyte.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: /Benjamin L. Price/   Date: 12/03/2019
Signatory's Name: Benjamin Price
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 88713861
Payment Accounting Date: 12/03/2019

Serial Number: 88713861
Internet Transmission Date: Tue Dec 03 19:57:35 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201912031957357
17165-88713861-700a27ffcfae5eb3ee73bc478
e31be09e22f6fc982c28c69760b1eef39bfe63d9
-CC-57340421-20191203194456896216