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: 88855110

Filing Date: 03/31/020

To the Commissioner for Trademarks:

MARK: penultimate (stylized and/or with design, see mark)
The literal element of the mark consists of penultimate. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording "penultimate".
The applicant, XIANG GAO, a citizen of China, having an address of
      Rm 1706, Dongmen Bldg, Jiangbin West Rd,
      Jiangbin St., Lucheng Dist., Wenzhou,
      Zhejiang, 325000
      China
      sunnyipr@163.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 025:  Blouses; Blue jeans; Coats; Coats made of cotton; Coats for men; Coats for women; Collared shirts; Crew neck sweaters; Denim jackets; Denim pants; Dresses; Dresses made from skins; Fur coats and jackets; Furs being clothing; Hooded pullovers; Hooded sweatshirts; Jackets made in whole or in substantial part of cotton; Jackets; Jeans; Jogging pants; Jogging suits; Knit shirts; Knitwear, namely, shirts, dresses, sweaters; Leather belts; Leather pants; Long sleeve pullovers; Men's suits, women's suits; Over-trousers; Over coats; Overalls; Overcoats; Pullovers; Ready-made linings being parts of clothing; Running suits; Shirts; Shirts for suits; Shorts; Skirts; Slacks; Sleeved or sleeveless jackets; Slipovers; Sports jackets; Sports jerseys; Sports pants; Suits; Suits of leather; Sweaters; Sweatpants; T-shirts; Trousers; Turtleneck pullovers; Waterproof jackets and pants

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 02/01/2019, and first used in commerce at least as early as 02/01/2019, 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) The picture and document showing the mark be used in commerce. The website link: 1, http://gr8.jp/men/all?brand=895&tdsourcetag=s_pctim_aiomsg 2, http://www.vogue.com/vogueworld/article/penultimate-launch-fall-2019-xiang-gao 3, http://1granary.com/designers-3/penultimate-xiang-gaos-chinese-americana/?tdsourcetag=s_pctim_aiomsg 4, http://www.papermag.com/penultimate-spring-2020-lookbook-2641306345.html 5, http://coolhunting.com/style/penultimates-dazzling-diy-influenced-collection/ 6, http://1granary.com/designers-3/penultimate-xiang-gaos-chinese-americana/.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-11825067-20200331200841668089_._PENULTIMATE_-_ALL_CATEGORY.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-11825067-20200331200841668089_._Against_All_Logic__Fantasy.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



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

Significance of wording, letter(s), or numeral(s)
penultimate appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.


The owner's/holder's proposed attorney information: Neal Massand. Neal Massand of Ni, Wang & Massand, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      8140 Walnut Hill Lane Suite 500
      Dallas, Texas 75231
      United States
      972-331-4601(phone)
      us_sunnyipr@163.com
The docket/reference number is 503.0001.
Neal Massand 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:

Neal Massand

PRIMARY EMAIL FOR CORRESPONDENCE: us_sunnyipr@163.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): us_sunnyipr@163.com; trademark@nilawfirm.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: /Neal Massand/   Date: 03/31/2020
Signatory's Name: NEAL MASSAND
Signatory's Position: Attorney
Payment Sale Number: 88855110
Payment Accounting Date: 03/31/2020

Serial Number: 88855110
Internet Transmission Date: Tue Mar 31 20:49:50 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.X.X-202003312049507110
20-88855110-7101342e9f3695bfb911512b01ed
8b0a6899e23738a9ac28526916933b4f4f5d299-
CC-49493776-20200331200841668089