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: 90231774

Filing Date: 10/02/2020

To the Commissioner for Trademarks:

MARK: GEAR-UP (stylized and/or with design, see mark)
The literal element of the mark consists of GEAR-UP. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized words "GEAR" and "UP" with a hyphen separating the words centered below a square that has what appears to be the corner of a phone staggered at four angles.
The applicant, Gear-Up Shop Inc., a corporation of New York, having an address of
      3601 36th Avenue
      Astoria, New York 11106
      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 009:  Computer, Cell Phone, iPad, Tablets, Electronics, and Accessories
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.




The owner's/holder's proposed attorney information: Cheryl L. Burbach. Other appointed attorneys are John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Dianne M. Smith-Misemer, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, Darin McCollum, Chandler E. Schmidt and Jonathan L. Hines. Recognized Canadian attorney(s)/agent(s) is/are John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, Darin McCollum, Chandler E. Schmidt and Jonathan L. Hines. Cheryl L. Burbach of Hovey Williams LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      10801 Mastin Boulevard, Suite 1000
      10801 Mastin Boulevard, Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.burbach@hoveywilliams.com
The docket/reference number is 54451/8135.
Cheryl L. Burbach 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:

Cheryl L. Burbach

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.burbach@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rnichols@hoveywilliams.com; jmashburn@hoveywilliams.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: /Mohammad Samrat/   Date: 10/02/2020
Signatory's Name: Mohammad Samrat
Signatory's Position: CEO
Payment Sale Number: 90231774
Payment Accounting Date: 10/02/2020

Serial Number: 90231774
Internet Transmission Date: Fri Oct 02 11:31:10 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020100211311065
8676-90231774-75046152f16b268a15c119839a
ca4e3016bd6e38f35bfd21297e31cfe6920bb-DA
-31101637-20201001152339731530