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: 90297936

Filing Date: 11/04/2020

To the Commissioner for Trademarks:

MARK: TOGGLECCeT (Standard Characters, see mark)
The literal element of the mark consists of TOGGLECCeT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, EIKO GLOBAL, LLC, a limited liability company legally organized under the laws of Kansas, having an address of
      23220 W 84TH ST
      SHAWNEE, Kansas 66227
      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:  LED fixture product controls settings within each fixture, LED light controls; Light emitting diode (LED) displays; Light emitting diodes (LEDs); Downloadable computer firmware for directing LED lights and color algorithms to create lighting for specific applications; Downloadable computer software for configuring and controlling light intensity, correlated color temperature (CCT); downloadable computer software for creating lighting recipes, schedules, modes, scenes and other lighting applications.
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.

International Class 042:  Providing temporary use of non-downloadable cloud-based software for directing LED lights and color algorithms to create lighting for specific applications; Providing temporary use of non-downloadable cloud-based software for configuring and controlling light intensity, correlated color temperature (CCT); Providing temporary use of non-downloadable cloud-based software for creating lighting recipes, schedules, modes, scenes and other lighting applications.
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: Andrea M. Porterfield. Other appointed attorneys are Kathryn T. Allen, Margie B. Aoki, Ari M. Bai, Corey M. Casey, Kory D. Christensen, Brad Crawford, Rhiannon D'Agostin, Elton F. Dean, III, Mark T. Deming, Brian B. Diekhoff, Derek D. Donahoe, Kate J. Doty, Gregory P. Durbin, Taryn A. Elliott, Jeffrey E. Fine, Timothy D. Fontes, Monica M. Gutierrez, Philip G. Hampton, II, Eric J. Hanson, Gary E. Hood, L. Hannah Ji, S. Wade Johnson, J. Morgan Kirley, Gregory M. Kratofil, Jr., Todd M. Malynn, Joshua M. McCaig, Daniel P. Mullarkey, Tara A. Nealey, Michael D. Pegues, Andrea M. Porterfield, Joshua Pranckun, Emily C. Peyser, Adam C. Rehm, Rachel A. Rice, Rebecca C. Riley-Vargas, Matthew J. Smith, Colby B. Springer, James M. Stipek, Lawrence A. Swain, Peter G. Thurlow, Matt Todd, Milan Vinnola, Adam S. Weiss, Jason A. Wietjes, Michael A. Williamson, Laila S. Wolfgram, Spencer R. Wood, Patrick C. Woolley, Timothy A. Worrall and Miya Yusa.. Andrea M. Porterfield of Polsinelli PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      900 W. 48th Place, Suite 900
      Kansas City, Missouri 64112
      United States
      816-753-1000(phone)
      816-753-1536(fax)
      uspt@polsinelli.com
The docket/reference number is 067089671153.
Andrea M. Porterfield 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:

Andrea M. Porterfield

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aporterfield@polsinelli.com; vharvey@polsinelli.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: /Sarah Eastman/   Date: 11/03/2020
Signatory's Name: Sarah Eastman
Signatory's Position: VP
Payment Sale Number: 90297936
Payment Accounting Date: 11/04/2020

Serial Number: 90297936
Internet Transmission Date: Wed Nov 04 09:57:50 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2020110409575095
4262-90297936-750b3db7ecf8da297c99d6ea3b
91e07b31f02a9def36f53f7ac55c118a924e0ce-
DA-57505605-20201102114048609342