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: 90021387

Filing Date: 06/25/020

To the Commissioner for Trademarks:

MARK: BLACK SMOKE TRIGGER (Standard Characters, see mark)
The literal element of the mark consists of BLACK SMOKE TRIGGER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Black Smoke Trigger Limited, a limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      125 Tironui Drive
      Taradale, Napier 4112
      New Zealand
      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:  Phonograph records and compact discs featuring music; audio recordings featuring music; digital music downloadable from the Internet; downloadable musical sound recordings

In International Class 009, 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 11/15/2019, and first used in commerce at least as early as 11/15/2019, 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) photograph showing the mark on a CD cover.
Specimen File1

International Class 041:  Providing online music, not downloadable; providing online non-downloadable visual and audio recordings featuring music performances

In International Class 041, 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 08/27/2019, and first used in commerce at least as early as 08/27/2019, 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) screenshots from web pages advertising the services.

Original PDF file:
SPE0-2-66186172146-20200618140228205320_._BLACK_SMOKE_TRIGGER_specimen__41_.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



The owner's/holder's proposed attorney information: Jonathan M. Gelchinsky. Other appointed attorneys are each of the attorneys of Pierce Atwood LLP. Jonathan M. Gelchinsky of Pierce Atwood LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      254 Commercial Street
      Portland, Maine 04101
      United States
      207-791-1100(phone)
      207-791-1350(fax)
      trademark@pierceatwood.com
The docket/reference number is 37307/8957.
Jonathan M. Gelchinsky 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 hereby appoints Jonathan M. Gelchinsky of Pierce Atwood LLP
      254 Commercial Street
      Portland Maine 04101
      United States
      207-791-1100(phone)
      207-791-1350(fax)
      trademark@pierceatwood.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Jonathan M. Gelchinsky

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@pierceatwood.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 $550 has been submitted with the application, representing payment for 2 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: /Charles Wallace/   Date: 06/25/2020
Signatory's Name: Charles Wallace
Signatory's Position: Director
Payment Sale Number: 90021387
Payment Accounting Date: 06/25/2020

Serial Number: 90021387
Internet Transmission Date: Thu Jun 25 19:42:18 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202006251942184
58052-90021387-7102535e8f232f663a89855df
15ef69df77a127566d513341fb5c50469f4a6eb3
e-DA-42189763-20200624085318047979