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)

---

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: 88841528

Filing Date: 03/20/020

To the Commissioner for Trademarks:

MARK: Mountaintop (stylized and/or with design, see mark)
The literal element of the mark consists of Mountaintop. The applicant is not claiming color as a feature of the mark. The mark consists of three partially overlapping and incomplete triangles on the top, with a lot of spray pattern in the middle and a pair of piercing eyes on both sides and below the pattern is the stylized wording "Mountaintop".
The applicant, Weihang Xu, a citizen of China, having an address of
      First Shop, Bldg A, New City Garden
      No.9 Jianshe Rd, Xinhua St, Huadu Dist
      Guangzhou 510800
      China
      128880080@qq.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 026:  Appliques; Brassards; Cords for trimming; Embroidered emblems; Embroidery; Feathers for ornamentation; Gold embroidery; Hat trimmings; Heat adhesive patches for repairing textile articles; Lace trimmings; Lace and embroidery, haberdashery ribbons and braid; Ornamental novelty badges; Shoe trimmings; Silver embroidery; Tassels; Trimmings for clothing

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 026, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/16/2020, and first used in commerce at least as early as 03/16/2020, 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) Specimens show that the goods can be added to cart for purchasing the product of applicant as it is currently being sold to consumers. Specimen was not created for submission with this application.The applicant sale the products online and the website which can show the actually use the mark in commerce is http://www.amazon.com/dp/B085XZ5SMD?ref=myi_title_dp. The specimens were used in commerce at least as early as the application filing date. Please see the Date first listed on Amazon: March 16, 2020.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-18094163120-20200319021938299350_._MOUNTAINTOP.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


Translation
The wording Mountaintop has no meaning in a foreign language.


The owner's/holder's proposed attorney information: Devasena Reddy. Devasena Reddy, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1570 Heritage Bay Drive
      San Jose, California 95138
      United States
      dr@kafiling.com
The docket/reference number is 1-325-TUS.
Devasena Reddy 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 hereby appoints Devasena Reddy
      1570 Heritage Bay Drive
      San Jose California 95138
      United States
      dr@kafiling.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Devasena Reddy

PRIMARY EMAIL FOR CORRESPONDENCE: dr@kafiling.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jetstilellc@outlook.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Devasena Reddy/   Date: 03/20/2020
Signatory's Name: Reddy, Devasena
Signatory's Position: Attorney of Record, California Bar member
Payment Sale Number: 88841528
Payment Accounting Date: 03/20/2020

Serial Number: 88841528
Internet Transmission Date: Fri Mar 20 08:02:01 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20200320080201
192817-88841528-7103b9724c528cc550ab5d30
82b51723d616268cfc5cf29f4aa5a6bceea41268
a-DA-02012108-20200320075533124963