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: 88793309

Filing Date: 02/11/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of The mark consists of a three-dimensional configuration of a chevron shaped folded boot cuff, with one side of folded chevron cuff pointed down and the opposite pointing upwards, chevrons located at the cuff of the boot. Claimed elements are drawn in solid lines. Broken lines in drawing indicate positioning of the mark chevron-shaped cuff but are not claimed as part of the mark.
The applicant, Old Gringo, L.P., a limited partnership legally organized under the laws of Nevada, comprising of Ernest F. Tarut, USA and Yan P. Ferry, France, having an address of
      4471 Dean Martin Drive # 3109
      Las Vegas, Nevada 89103
      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:  Boots; Leather boots

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 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/01/2011, and first used in commerce at least as early as 08/01/2011, 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 boot with the mark.
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4523609.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant hereby appoints Danna J. Cotman. Other appointed attorneys are Danna J. Cotman. Danna J. Cotman of ARC IP Law, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      5749 La Jolla Blvd.
      La Jolla, California 92037
      United States
      858-729-0800(phone)
      858-777-5425(fax)
      danna@arciplaw.com (authorized).

Danna J. Cotman 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:

Danna J. Cotman

ARC IP Law, PC

5749 La Jolla Blvd.

La Jolla, California 92037

858-729-0800(phone)

858-777-5425(fax)

danna@arciplaw.com; trademark@arciplaw.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: /Ernie Tarut/   Date: 02/11/2020
Signatory's Name: Ernie Tarut
Signatory's Position: Managing Partner
Signatory's Phone Number: 6195752810
Payment Sale Number: 88793309
Payment Accounting Date: 02/11/2020

Serial Number: 88793309
Internet Transmission Date: Tue Feb 11 17:05:15 EST 2020
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20200211170515875
757-88793309-70039b887c26e3819d19af15cf2
827515e58c9d7b7936c5b84466cd9875c644dd-C
C-05144622-20200211151453414590