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: 90174910

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: HOT CHILLYS (stylized and/or with design, see mark)
The literal element of the mark consists of HOT CHILLYS. The color(s) black, red and green is/are claimed as a feature of the mark. The mark consists of the words HOT CHILLYS in black letters, below which is a red chile pepper with a green stem.
The applicant, Performance Apparel Corp., a corporation of North Carolina, having an address of
      565 Air Tool Drive
      Southern Pines, North Carolina 28387
      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:  Men's, women's, youth and children's clothing, sportswear and active wear, namely, shirts; crewneck shirts; baseball crewneck shirts; mock turtleneck shirts; zip tops; pants; clothing, namely base layers; underwear; thermal underwear; bottoms; tights; leggings; tops; turtleneck shirts; zippered shirts; pullovers; vests; one-piece suits; socks; sock liners; knit face masks; ski masks; headbands; ear bands; hats; beanies; neck gaiters; scarves; balaclavas; hoods; gloves; mittens; glove liners; mitten liners; fleece pullovers; zippered fleece jackets; zippered long sleeve t-shirts; fleece jackets; fleece zip tops; fleece vests; knit pullovers; knit jackets; knit zip tops; knit vests; crewneck tops; sports bras; t-shirts; tank tops; zippered t-shirts.
Intent to Use: 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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1843033, 3650782, and 1553855.

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/00/1999, and in commerce at least as early as 11/00/1999.


The owner's/holder's proposed attorney information: Mary A. Harris. Mary A. Harris of Mary A. Harris, Attorney at Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      960 Toro Street
      San Luis Obispo, California 93401
      United States
      805-543-0855(phone)
      805-781-3427(fax)
      mary@maryharrislaw.com

Mary A. Harris 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:

Mary A. Harris

PRIMARY EMAIL FOR CORRESPONDENCE: mary@maryharrislaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): CopyTMLaw@aol.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: /Ryan Butcher/   Date: 09/11/2020
Signatory's Name: Ryan Butcher
Signatory's Position: CFO
Payment Sale Number: 90174910
Payment Accounting Date: 09/11/2020

Serial Number: 90174910
Internet Transmission Date: Fri Sep 11 15:45:28 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXX:XXXX:XXX:XX
XX:XXX-20200911154528308733-90174910-750
81dcfde2fe80b47da7fbeea461a1501a792747e2
b3e3b11d744fcfde9b07b46-CC-45278016-2020
0903173616773153