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: 88947467

Filing Date: 06/04/020

To the Commissioner for Trademarks:

MARK: NE (stylized and/or with design, see mark)
The literal element of the mark consists of NE. The applicant is not claiming color as a feature of the mark. The mark consists of the letters "N" and "E" stylized in the form of a flag.
The applicant, New Era Cap Co., Inc., a corporation of New York, having an address of
      160 Delaware Avenue
      Buffalo, New York 14202
      United States
      XXXX

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 009:  Anti-pollution masks for respiratory protection, not for medical purposes; protective masks; Protective face masks not for medical purposes; breathing masks, namely, respiratory face masks for non-medical purposes; respiratory masks, other than for artificial respiration for non-medical purposes; filters for non-medical respiratory masks; respiratory mask filters being non-medical; respirators for filtering air other than for artificial respiration; sensors and detectors¸ namely, sensors for measuring inhaled/exhaled and surrounding air, sensors for detecting pollution, particles and carbon dioxide in inhaled/exhaled and surrounding air; pollutant sensors; measuring sensors for measuring air pollution levels; optical sensors; on-off sensors for measuring air pollution levels; mouth guards for sports; smart breathing masks for respiratory protection, not for medical purposes; smart mouth guards for sports; computer software for data collection, data processing, data visualization and communication; Eyewear; Eyewear cases; Sunglasses; Cell phone cases; Ski and Snow goggles; Downloadable software in the nature of a mobile application that provides access to shopping and information in the fields of apparel, footwear, sporting goods, eyewear, headwear, sports bags, backpacks, and consumer electronic devices for use in the fields of fitness, exercise and nutrition; Electronic publications, namely, newsletters, books, magazines and score books, in the fields of sports, fitness, exercise, nutrition, individuals, celebrities, and business; downloadable multimedia content namely, audio and video recordings featuring information pertaining to sports, fitness, exercise, nutrition, individuals, celebrities, and business; Multifunctional electronic devices and smart bands, namely, wearable electronic devices comprised primarily of software for receiving, displaying, processing, and uploading health and fitness data to the Internet, including, but not limited to weight, body mass index, body fat, heart rate, calories burned, time, distance, pace, speed, acceleration, velocity, steps taken, activity type, activity level, hours slept, team and individual exercise, training or competition, schedules and goals for tracking compliance and motivation with health and fitness programs, and geographic location; scales and personal weighing scales; computer application software for smart phones and mobile devices, namely, software for social networking, receipt and transmission of data, fitness, and fitness assessments, tracking sport events and athletic statistics, providing a virtual try-on room, designing personalized apparel and headwear items and testing of counterfeit goods; Sensors and electronic monitoring devices incorporating microprocessors, digital display, and accelerometers, for detecting, storing, reporting, monitoring, uploading and downloading sport, fitness training, and activity data to the internet and mobile devices; USB hardware; USB chargers and adapters; pedometers; audio speakers; headphones; Pre-recorded digital media devices featuring music, athletic and physical fitness training sessions
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2535462, 3744971, 4396438, and others.


The owner's/holder's proposed attorney information: Neil B Friedman; Ryan A. McGonigle. Neil B Friedman; Ryan A. McGonigle of HODGSON RUSS, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      605 3rd Avenue, Suite 2300
      New York, New York 10158
      United States
      646-218-7605(phone)
      6462187665(fax)
      nfriedma@hodgsonruss.com

Neil B Friedman; Ryan A. McGonigle 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:

Neil B Friedman; Ryan A. McGonigle

PRIMARY EMAIL FOR CORRESPONDENCE: nfriedma@hodgsonruss.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketing@hodgsonruss.com; SFindora@hodgsonruss.com; NKramer@hodgsonruss.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: /Neil B Friedman/   Date: 06/04/2020
Signatory's Name: Neil B Friedman
Signatory's Position: Attorney of record, New York bar member
Payment Sale Number: 88947467
Payment Accounting Date: 06/04/2020

Serial Number: 88947467
Internet Transmission Date: Thu Jun 04 09:33:04 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-202006040933046558
49-88947467-7103e8d4599279761134ced3f511
bd7197a30f780c0daf6b6203bf8a13c33993ef9-
CC-33031972-20200604091821213568