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: 88907334

Filing Date: 05/08/020

To the Commissioner for Trademarks:

MARK: HORROR DADS A Horror Podcast (stylized and/or with design, see mark)
The literal element of the mark consists of HORROR DADS A Horror Podcast. The color(s) black, orange and beige is/are claimed as a feature of the mark. The mark consists of the literal elements "HORROR DADS" in black with orange off-center outlines, in front of a beige moon and an orange sky. Silhouettes of bats, zombies, gravestones, and a man pushing a baby carriage are visible throughout. The words "A Horror Podcast" appear in beige at the bottom.
The applicants, John Schuler, a citizen of United States, having an address of
      720 Blueberry Hill Drive
      Canfield, Ohio 44406
      United States
      XXXX
James Fabian, a citizen of United States, having an address of
      1912 Comanche Trail
      Youngstown, Ohio 44511
      United States
      XXXX
request 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 041:  Entertainment services, namely, providing podcasts in the field of comedy, horror, and multimedia discussion

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 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 01/01/2020, and is now in use in such commerce. The applicants are 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 depict Applicant's Spotify channel where Applicant mark is prominently displayed in association with entertainment podcasting..
Specimen File1
Specimen File2



Disclaimer
No claim is made to the exclusive right to use "PODCAST" apart from the mark as shown.


The owner's/holder's proposed attorney information: Daniel Ross. Daniel Ross of Daniel Ross & Associates LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1515 Ridgewood Ave, Upper Unit
      Lakewood, Ohio 44107
      United States
      216-307-5590(phone)
      dr@danielrosslawfirm.com

Daniel Ross 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:

Daniel Ross

PRIMARY EMAIL FOR CORRESPONDENCE: dr@danielrosslawfirm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Daniel Ross/   Date: 05/08/2020
Signatory's Name: Daniel Ross
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 216-307-5590

Signature: /Daniel Ross/   Date: 05/08/2020
Signatory's Name: Daniel Ross
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 216-307-5590
Payment Sale Number: 88907334
Payment Accounting Date: 05/08/2020

Serial Number: 88907334
Internet Transmission Date: Fri May 08 15:49:37 ET 2020
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200508154937390111-88907334-
71013d35ccf82ed83c1572390244cefefeb567c5
01d771dbf49784e7f3687f26e40-CC-49351660-
20200508153513226258