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: 90040007

Filing Date: 07/07/020

To the Commissioner for Trademarks:

MARK: TOESOX (Standard Characters, see mark)
The literal element of the mark consists of TOESOX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Thirty Three Threads, Inc., a corporation of California, having an address of
      1330 Park Center Drive
      Vista, California 92081
      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 025:  Fabric footwear having friction elements on the sole portion to aid in pilates and yoga exercise

In International Class 025, 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 11/01/2004, and first used in commerce at least as early as 11/01/2004, 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) Webpage selling the product and product bearing the subject mark..

Original PDF file:
SPE0-98191153114-20200707170439394310_._Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-98191153114-20200707170439394310_._Specimen_2.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Kit M. Stetina. Other appointed attorneys are Mark B. Garred, William J. Brucker and all other attorneys associated with the law firm Stetina Brunda Garred & Brucker.. Kit M. Stetina of Stetina Brunda Garred & Brucker, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      75 Enterprise, Suite 250
      Aliso Viejo, California 92656
      United States
      949-855-1246(phone)
      kstetina@stetinalaw.com
The docket/reference number is TOESX-008T4.
Kit M. Stetina 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:

Kit M. Stetina

PRIMARY EMAIL FOR CORRESPONDENCE: kstetina@stetinalaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rlau@stetinalaw.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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Payment Sale Number: 90040007
Payment Accounting Date: 07/07/2020

Serial Number: 90040007
Internet Transmission Date: Tue Jul 07 17:35:00 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202007071735009
37232-90040007-710ba8ce958a66ee65cb5d93a
c788ec651ca697f13dc51ba9e741157ebd0dea18
4-DA-35000552-20200707170439394310