TEAS Plus New 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

TEAS Plus Application

Serial Number: 90457167

Filing Date: 01/10/2021

To the Commissioner for Trademarks:

MARK: ALLERGY RELIEF (Standard Characters, see mark)
The literal element of the mark consists of ALLERGY RELIEF. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, American Textile Company, Inc., a corporation of Pennsylvania, having an address of
      10 North Linden Street
      Duquesne, Pennsylvania 15110
      United States
      703-619-0101(phone)
      7036190110(fax)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 020:  Pillows; Bed pillows

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 020, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/31/2005, and first used in commerce at least as early as 07/31/2005, 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) an image of packaging for the goods bearing the mark and containing the goods as they travel in interstate commerce..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 024:  Comforters; Covers for mattresses; Mattress covers; Mattress pads; Pillow covers

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 024, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/30/2005, and first used in commerce at least as early as 04/30/2005, 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) each specimen consists of an image of packaging for the goods bearing the mark and containing the goods as they travel in interstate commerce..
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3066888.

SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3

Miscellaneous Statement
Three pages of evidence of acquired distinctiveness are presented over and above the 5 year 2(f) statement, showing images of packaging containing the goods and bearing the mark as the packaged goods travel in interstate commerce. Next to each package image is a dollar figure for sales of the goods shown. Also, the earlier registration no. 3,066,888 identifies the registrant as "AMERICAN TEXTILE COMPANY." This is the same entity as the applicant herein. "AMERICAN TEXTILE COMPANY" is the d/b/a for American Textile Company, Inc.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3066888.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark 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: H. Jay Spiegel. H. Jay Spiegel of H. Jay Spiegel & Associates, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      P.O. Box 11
      Mount Vernon, Virginia 22121-0011
      United States
      703-619-0101(phone)
      7036190110(fax)
      jayspiegel@aol.com

H. Jay Spiegel 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:

H. Jay Spiegel

PRIMARY EMAIL FOR CORRESPONDENCE: jayspiegel@aol.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 $500 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: /H. Jay Spiegel/   Date: 01/10/2021
Signatory's Name: H. Jay Spiegel
Signatory's Position: Attorney of record, Virginia Bar member
Signatory's Phone Number: 703-619-0101
Signature method: Signed directly within the form
Payment Sale Number: 90457167
Payment Accounting Date: 01/11/2021

Serial Number: 90457167
Internet Transmission Date: Sun Jan 10 11:29:43 ET 2021
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20210110112943177875-90457167-7
608818529b4eb31bcc6f72f785491ef9eddea7ba
9cdd64249ff386c9ca406ed736-CC-29410198-2
0210110105728806173