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: 88741353

Filing Date: 12/29/2019

To the Commissioner for Trademarks:

MARK: Fart Button (Standard Characters, see mark)
The literal element of the mark consists of Fart Button. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Damn Moments LLC, a limited liability company legally organized under the laws of Ohio, having an address of
      PO Box 495
      Vienna, Ohio 44473
      United States
      330-550-6222(phone)
      dsb@talkietoys.com

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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 028:  Talking electronic press-down toy

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 028, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/22/2015, and first used in commerce at least as early as 10/27/2015, 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) Images of Fart Button logo on middle cover of the toy..
Specimen File1
Specimen File2


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

Miscellaneous Statement
My company Damn Moments LLC, currently has a registered trademark for Fart Button, but has registration on the Supplemental Register. Competitors of my mine have similar mark for toy fart products, yet they have registration on the Principal Register. Also, this is a talking button toy and there are many similar products that are all registered on the Principal Register. When I inquired about the change with USPTO, I was told a registration on the Supplemental Register can't be amended (under section 1609.09), and to submit a new application. My the serial number for Supplemental Register is 86830615 and US Registration number is 4961846.

For informational purposes only, applicant's website address is: http://www.talkietoys.com/our-toys/

The applicant's current Correspondence Information:

Damn Moments LLC

PO Box 495

Vienna, Ohio 44473

330-550-6222(phone)

dsb@talkietoys.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 $225 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: /Douglas Shawn Blakeny II/   Date: 12/29/2019
Signatory's Name: Douglas Shawn Blakeny II
Signatory's Position: Owner
Signatory's Phone Number: 330-550-6222
Payment Sale Number: 88741353
Payment Accounting Date: 12/30/2019

Serial Number: 88741353
Internet Transmission Date: Sun Dec 29 01:49:19 EST 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2019122901491943
8975-88741353-700d74afe8b748e7603592ed1f
55851129fb24a3df6a6b8341620a6f9e28de9a-C
C-49189990-20191229005328106985