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: 88746317

Filing Date: 01/03/2020

To the Commissioner for Trademarks:

MARK: EVOL (stylized and/or with design, see mark)
The literal element of the mark consists of EVOL. The applicant is not claiming color as a feature of the mark. The mark consists of The word EVOL wherein a heart replaces the letter "o". A dollar sign appears within the heart and a halo appears above the heart.
The applicant, Upper Level Enterprises, Inc, a corporation of California, having an address of
      1338 Howe Ave #300
      Sacramento, California 95825
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms

In International Class 025, 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 11/01/2019, and first used in commerce at least as early as 11/15/2019, 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) Mark depicted on a sweatshirt and merchandise tag as sold by owner.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Online retail clothing and apparel store services featuring in-store order pickup

In International Class 035, 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 11/01/2019, and first used in commerce at least as early as 11/15/2019, 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) screenshot of the mark on website and goods of owner- for sale via online purchase.
Specimen File1




For informational purposes only, applicant's website address is: http://upperlevel916.com/

The applicant hereby appoints Lauren D. McDonald. Lauren D. McDonald of Lumenite Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      8880 Cal Center Drive
      8880 Cal Center Drive, Suite 400
      Sacramento, California 95826
      United States
      916-354-5334(phone)
      lmcdonald@lumenitelaw.com (authorized).

Lauren D. McDonald 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:

Lauren D. McDonald

Lumenite Law

8880 Cal Center Drive       8880 Cal Center Drive, Suite 400

Sacramento, California 95826

916-354-5334(phone)

lmcdonald@lumenitelaw.com; laurenmcd8@gmail.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: /Lauren D. McDonald/   Date: 01/03/2020
Signatory's Name: Lauren D. McDonald
Signatory's Position: Attorney of record
Payment Sale Number: 88746317
Payment Accounting Date: 01/03/2020

Serial Number: 88746317
Internet Transmission Date: Fri Jan 03 15:26:50 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020010315265037
9286-88746317-7006d23c97bb87430c948afc92
83701da6bdc8d745a0ac4ea4d63fc0fbb65a132d
-ET-26497933-20200103152325580435