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: 90186036

Filing Date: 09/16/2020

To the Commissioner for Trademarks:

MARK: THE ORIGINAL POLES AND HOLDERS RV MOUNTED FLAGPOLES, POLE HOLDERS, FLAGS, POLE LIGHTS & OTHER FUN STUFF (stylized and/or with design, see mark)
The literal element of the mark consists of THE ORIGINAL POLES AND HOLDERS RV MOUNTED FLAGPOLES, POLE HOLDERS, FLAGS, POLE LIGHTS & OTHER FUN STUFF. The applicant is not claiming color as a feature of the mark. The mark consists of two checkered flags mounted on a checkered stand with fire in between the flags and the words "THE ORIGINAL" below which are the words "POLES AND HOLDERS RV MOUNTED FLAGPOLES, POLE HOLDERS, FLAGS, POLE LIGHTS & OTHER FUN STUFF" surrounded by a layered background.
The applicant, Jenifer Lynn Morris, a citizen of United States, having an address of
      9970 Bell Ranch Dr. Unit 105
      Santa Fe Springs, California 90670
      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 035:  Distributorships in the field of flag poles, flagpole holders, and flags; On-line retail store services featuring flag poles, flagpole holders, and flags

In International Class 035, 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 08/01/2002, and first used in commerce at least as early as 08/08/2002, 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 of website bearing mark with reference to services.

Original PDF file:
SPE0-79142197249-20200904 162905150942_._Poles___Ho lders_specimen.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5



Miscellaneous Statement
The portion of Applicant's mark POLES AND HOLDERS has acquired distinctiveness through Applicant's substantially exclusive and continuous use of the mark in commerce since 2002.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
POLES AND HOLDERS 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: Paulo A. de Almeida. Other appointed attorneys are Alex Patel, Andrew T. Rissler. Paulo A. de Almeida of Patel & Almeida, P. C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      16830 Ventura Blvd., Suite 360
      Encino, California 91436
      United States
      818-380-1900(phone)
      trademarks@paiplaw.com

Paulo A. de Almeida 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:

Paulo A. de Almeida

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@paiplaw.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 $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: /Paulo A. de Almeida/   Date: 09/16/2020
Signatory's Name: Paulo A. de Almeida
Signatory's Position: Attorney
Payment Sale Number: 90186036
Payment Accounting Date: 09/16/2020

Serial Number: 90186036
Internet Transmission Date: Wed Sep 16 18:19:50 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202009161819508
92983-90186036-750a131431d945e2a2ff7374c
ffbd3120c21ad96b521618673c358f7ef26ea982
-CC-19494783-20200916180652880207