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: 88797836

Filing Date: 02/14/2020

To the Commissioner for Trademarks:

MARK: EVERLAST (Standard Characters, see mark)
The literal element of the mark consists of EVERLAST. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Everlast World's Boxing Headquarters Corporation, a corporation of New York, having an address of
      42 West 39th Street, 3rd Floor
      New York, New York 10018
      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 019:  Athletic flooring; flooring comprised of artificial turf, foam, hardwood, soft PVC vinyl, vinyl and wood, adapted for physical fitness activities; flooring (non-metallic-); hardwood flooring; parquet flooring; rubber flooring; rubber gym flooring rolls; wood flooring; wood tile flooring; synthetic flooring materials or wall-claddings; tile flooring, not of metal; rubber floor tiles; rubber gym floor tiles
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on European Union Trademark - EUTM application number 018107990, filed 08/14/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The applicant hereby appoints Howard N. Aronson. Other appointed attorneys are Nancy Dwyer Chapman, Cathy E. Shore-Sirotin, Eileen C. DeVries, Lindsey Leibowitz. Howard N. Aronson of Lackenbach Siegel LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Lackenbach Siegel Bldg.
      1 Chase Road
      Scarsdale, New York 10583
      United States
      914-723-4300(phone)
      914-723-4301(fax)
      TMEFS@LSLLP.COM (authorized).
The attorney docket/reference number is 22062.
Howard N. Aronson 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:

Howard N. Aronson

Lackenbach Siegel LLP

Lackenbach Siegel Bldg.       1 Chase Road

Scarsdale, New York 10583

914-723-4300(phone)

914-723-4301(fax)

TMEFS@LSLLP.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: /Eileen C. DeVries/   Date: 02/14/2020
Signatory's Name: Eileen C. DeVries
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 88797836
Payment Accounting Date: 02/14/2020

Serial Number: 88797836
Internet Transmission Date: Fri Feb 14 12:40:51 EST 2020
TEAS Stamp: USPTO/BAS-XXX.X.XXX.XXX-2020021412405126
7753-88797836-700901a9726af8b894d6e89096
a58dac8c1a20cb747b8de94231f1dd3d1bc-CC-4
0481412-20200214115431940187