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: 88952918

Filing Date: 06/08/020

To the Commissioner for Trademarks:

MARK: DICKSTER'S SMARTPANTS (stylized and/or with design, see mark)
The literal element of the mark consists of DICKSTER'S SMARTPANTS. The color(s) red, yellow, and black is/are claimed as a feature of the mark. The mark consists of "DICKSTER'S" is located above "SMARTPANTS" with a human skull interposed therebetween. "DICKSTER'S" is presented in a stylized heavyweight all-caps font divided vertically, having a yellow upper half and a red lower half, and having pointed serifs at each terminus of the curved stroke of the letter D and at each terminus of both letters S. "SMARTPANTS" is presented in a stylized heavyweight all-caps font divided vertically, having a red upper half and a yellow lower half, and having pointed serifs at each terminus of both letters S, at the terminus of the descending stroke of the letter R, and at the terminus of the descending stroke of the letter T. The pointed serifs at the lower terminus of both letters S of "DICKSTER'S" overlaps the human skull slightly, and the human skull overlaps the crossbar of the letter T of "SMARTPANTS". The human skull is yellow in color and has a horizontal seam above the eyes. Eyeballs having red irises are deeply set in the eye sockets of the human skull, which is presented in an open mouthed aspect.
The applicant, Richard Smart, a citizen of United States, having an address of
      745 Seminary Street
      Roanoke, Indiana 46783
      United States
      260-438-8829(phone)
      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 012:  AUTOMOBILE AFTERMARKET ACCESSORIES, NAMELY REPLACEMENT AND UPGRADE COMPONENTS FOR CUSTOM AND VINTAGE AUTOMOBILES; AUTOMOBILE COMPONENTS, NAMELY HEADLIGHT AND/OR HEADLIGHT COVER MECHANISMS; AUTOMOBILE CONVERSION KITS, NAMELY VACUUM TO ELECTRIC HEADLIGHT AND/OR HEADLIGHT COVER ACTUATOR CONVERSION KITS

In International Class 012, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/03/2019, and first used in commerce at least as early as 09/04/2019, 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) First specimen is a brochure used at point of sale. Second specimen is a webpage. Third specimen is a webpage bearing the trademark, examples of the goods, and the ability to make a point of sale purchase..

Original PDF file:
SPE0-502242140-20200608104236558484_._20200310_specimen_Brochure.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-502242140-20200608104236558484_._20200608_specimen_Dickster_s_Smart_Pants_webpage_pg_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-502242140-20200608104236558484_._20200608_specimen_Dickster_s_SmarTpants_store_webpage_pg_1_2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2




The owner's/holder's proposed attorney information: Gerald Askew. Gerald Askew of Askew Intellectual Property, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      10331 Dawson's Creek Boulevard, Suite F
      FORT WAYNE, Indiana 46825
      United States
      260-216-0008(phone)
      260-489-5505(fax)
      gaskew@askewipllc.com
The docket/reference number is SMR0002.TM.
Gerald Askew 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:

Gerald Askew

PRIMARY EMAIL FOR CORRESPONDENCE: gaskew@askewipllc.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 $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: /Gerald W. Askew/   Date: 06/08/2020
Signatory's Name: Gerald W. Askew
Signatory's Position: Attorney of record, Indiana Bar member
Payment Sale Number: 88952918
Payment Accounting Date: 06/08/2020

Serial Number: 88952918
Internet Transmission Date: Mon Jun 08 10:59:34 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.X.XXX-20200608105934612
751-88952918-710b0b13f81118f0c610d45f4b3
2de9236dcdff5ec2cb9799566803815c5ca78-CC
-59313354-20200608104236558484