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

Serial Number: 90080013

Filing Date: 07/29/2020

To the Commissioner for Trademarks:

MARK: TRUESHAPE (Standard Characters, see mark)
The literal element of the mark consists of TRUESHAPE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, tooshaped GmbH, a gesellschaft mit beschränkter haftung (gmbh) legally organized under the laws of Austria, having an address of
      Herrengasse 9
      Graz 8010
      Austria
      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 018:  Bags for sports; umbrellas and parasols; walking sticks; luggage, all-purpose carrying bags, wallets, and handbags; saddlery, whips and apparel for animals

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018192871, filed 02/06/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of European Union Trademark - EUTM registration number 018192871, and/or proof of renewal, registered 05/22/2020 with a renewal date of __________ and an expiration date of 02/06/2030, and translation thereof, if appropriate.

Original PDF file:
reg-696113158-092205629_. _Reg.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.

International Class 025:  Headwear; clothing, namely, shirts, pants, shorts, swimsuits, overalls, sweaters, suits, tuxedos, gowns, dresses, skirts, jackets, coats, rain wear, underwear, socks; footwear

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018192871, filed 02/06/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of European Union Trademark - EUTM registration number 018192871, and/or proof of renewal, registered 05/22/2020 with a renewal date of __________ and an expiration date of 02/06/2030, and translation thereof, if appropriate.

Original PDF file:
reg-696113158-092205629_. _Reg.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act includes a claim of standard characters or the country of origin's standard character equivalent.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6018606.


The owner's/holder's proposed attorney information: Eric Lamb. Other appointed attorneys are Matthew J. Clark, Craig J. Cox, Matthew D. Delaney, Carl Eppler, Constance R. Lindman, Courtney J. Miller, Daniel A. Murray, Samantha M. Quimby, Matthew R. Schantz, Karlyn A. Schnapp, LaShaila L. Spivey, and Cynthia L. Stewart. Eric Lamb of Frost Brown Todd LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      201 North Illinois Street, Suite 1900
      Indianapolis, Indiana 46204
      United States
      317-237-3800(phone)
      317-237-3900(fax)
      trademarks@fbtlaw.com

Eric Lamb 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:

Eric Lamb

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fbtlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elamb@fbtlaw.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 $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: /Eric Lamb/   Date: 07/29/2020
Signatory's Name: Eric Lamb
Signatory's Position: Attorney of record, Indiana bar member
Payment Sale Number: 90080013
Payment Accounting Date: 07/29/2020

Serial Number: 90080013
Internet Transmission Date: Wed Jul 29 09:24:04 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20200729092404820
011-90080013-740a5988ebca73fcbc8c9686544
82b8b96809c5daf8d354ed137292920b5d35c85-
CC-24030311-20200729091210363204