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: 90087088

Filing Date: 07/31/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a configuration, namely, a series of diverging directed cutouts having an overall rectangular shape, in a package that is depicted in dotted lines, with the cutouts radiating from an elliptical opening in the package whereby a flashlight received in the opening and upon being energized generates a simulation of sunbeams through the diverging cutouts.
The applicant, David M. Allen, a citizen of United States, having an address of
      P.O. Box 58
      Blachly, Oregon 97412
      United States
      XXXX
Domiciled at: 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 011:  Battery operated personal flashlights

In International Class 011, 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 09/08/1997, and first used in commerce at least as early as 09/08/1997, 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) The mark is used by applying the mark to the "goods" in a manner customary in the trade. A specimen showing the mark as used in commerce is submitted with this application..

Original PDF file:
SPE0-502378522-2020073120 3132231217_._LAUG-2-1218S PEC.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



Disclaimer
No claim is made to the exclusive right to use the external shape of the package, apart from the mark as shown.

Miscellaneous Statement


Original PDF file:
MIS-502378522-20200731203 132231217_._LAUG-2-1220AP P.pdf
Converted PDF file(s) (3 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3


The owner's/holder's proposed attorney information: John J. Bamert. John J. Bamert of Lowe Graham Jones PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      701 5th Ave, Suite 4800
      Seattle, Washington 98104
      United States
      bamert@lowegrahamjones.com
The docket/reference number is LAUG-2-1220.
John J. Bamert 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:

John J. Bamert

PRIMARY EMAIL FOR CORRESPONDENCE: bamert@lowegrahamjones.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): folise@lowegrahamjones.com; kelly@lowgrahamjones.com; tmdocketing@lowegrahamjones.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: /John J. Bamert/   Date: 07/31/2020
Signatory's Name: John J. Bamert
Signatory's Position: Attorney of Record, Washington State Bar member
Payment Sale Number: 90087088
Payment Accounting Date: 07/31/2020

Serial Number: 90087088
Internet Transmission Date: Fri Jul 31 21:01:59 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20200731210159160
990-90087088-7409ac1345f86836be4ffcdbd33
7f19a86ad10676cdbacfeb549e9f36a8e94817-E
T-01577287-20200731203132231217