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

Serial Number: 88873838

Filing Date: 04/15/020

To the Commissioner for Trademarks:

MARK: BITS (stylized and/or with design, see mark)
The literal element of the mark consists of BITS. The color(s) red, green, blue, white, pink, yellow, orange, black, gold, purple, gray is/are claimed as a feature of the mark. The mark consists of Its a broken heart, with a half heart (stays red) , half rose (which has several variation)(i.e red, green, blue, white, pink, yellow, orange, black, gold, purple, gray) with a green leaf on the side of the rose (stays green).
The applicant, Xavier K Swope, a citizen of United States, having an address of
      4649 Trendley Ave
      Centreville, Illinois 62207
      United States
      xswope@gmail.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:  Hats; Hats for infants, babies, toddlers and children; Pants; Socks; Athletic pants; Baseball caps and hats; Bucket hats; Camouflage pants; Denim jackets; Fleece jackets; Heavy jackets; Jogging pants; Long jackets; Small hats; Sweat jackets; Sweat pants; T-shirts; Track jackets; Track pants; Wind resistant jackets; Wind-jackets; Woollen socks
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.



Translation
The wording B.I.T.S has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
B.I.T.S appearing in the mark means or signifies or is a term of art for Beauty In The Struggle in the relevant trade or industry or as used in connection with the goods/services listed in the application. The word(s) B.I.T.S has no meaning in a foreign language.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:
2(f) evidence-1

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 applicant's current Correspondence Information:

Xavier K Swope

PRIMARY EMAIL FOR CORRESPONDENCE: xswope@gmail.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): makeitlookeazyproduction@gmail.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 $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 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: /Xavier Swope/   Date: 04/15/2020
Signatory's Name: Xavier Swope
Signatory's Position: Individual Owner
Payment Sale Number: 88873838
Payment Accounting Date: 04/15/2020

Serial Number: 88873838
Internet Transmission Date: Wed Apr 15 23:27:21 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202004152327213
77377-88873838-7106a212d662c4d32d2364083
c07775cff9b1447c2176734ec535814c3ca78a2-
CC-27202099-20200415213247709611