TEAS Plus New Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 90536558

Filing Date: 02/19/2021

To the Commissioner for Trademarks:

MARK: S (stylized and/or with design, see mark)
The literal element of the mark consists of S. The mark consists of a black and white striped letter S in the Argon font that sits on top of a solid black circle in which the stripes that makes up the S follow the contour lines of the letter S.
The applicant, Smithblack Furniture Inc, a corporation of Montana, having an address of
      2025 S. Higgins Ave.
      Missoula, Montana 59802
      United States
      406-926-1553(phone)
      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 035:  Retail furniture stores; Retail store services in the field of custom and vintage furniture, art, floor coverings, lighting, home décor, and accessories featuring a showroom for the goods of others in the field of custom and vintage furniture, art, floor coverings, lighting, home décor, and accessories; The bringing together, for the benefit of others, of custom and vintage furniture, art, floor coverings, lighting, home décor, and accessories, excluding the transport thereof, enabling customers to conveniently view and purchase those goods by means of on-line retail stores; The bringing together, for the benefit of others, of custom and vintage furniture, art, floor coverings, lighting, home décor, and accessories, excluding the transport thereof, enabling customers to conveniently view and purchase those goods by means of retail stores
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. (15 U.S.C. Section 1051(b)).

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 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 08/11/2020, 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) The specimens include website screenshots from the company website and the companay's Instagram page that show the goods that Smithblack Furniture sells as well as photographs of the various furniture, floor coverings, artwork, lighting, home decor, and accessories that are sold in the showroom..
Specimen File1
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Specimen File19
Specimen File20

Webpage URL: http://www.smithblackfurniture.com/
Webpage Date of Access: 02/19/2021
Webpage URL: http://www.instagram.com/smithblackfurniture/
Webpage Date of Access: 02/19/2021

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Interior design consultation

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 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/01/2020, and first used in commerce at least as early as 08/11/2020, 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) the Specimen is a website screenshot from the company website that highlights the interior design consultation Smithblack Furniture provides..
Specimen File1

Webpage URL: http://www.smithblackfurniture.com/
Webpage Date of Access: 02/19/2021



Miscellaneous Statement
Smithblack Furniture wants to claim black and white as the colors as features of the mark but it states that the specimen attached is in black and white (as it should be) and it won't let me proceed to the next screen with those colors protected. In order to move through, I'd have to check the box that disclaims color but in this instance she wants to claim black and white as colors.

For informational purposes only, applicant's website address is: http://www.smithblackfurniture.com/
The owner's/holder's proposed attorney information: Jennifer L. Ewan. Other appointed attorneys are Erika Peterman. Jennifer L. Ewan of Sova, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      224 N. Higgins Ave.
      Missoula, Montana 59802
      United States
      406-370-6755(phone)
      jenn@sovapartners.com

Jennifer L. Ewan 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:

Jennifer L. Ewan

PRIMARY EMAIL FOR CORRESPONDENCE: jenn@sovapartners.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): erika@sovapartners.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 $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: /Jennifer L. Ewan/   Date: 02/19/2021
Signatory's Name: Jennifer L. Ewan
Signatory's Position: Attorney of record
Signatory's Phone Number: 406-370-6755
Signature method: Signed directly within the form
Payment Sale Number: 90536558
Payment Accounting Date: 02/19/2021

Serial Number: 90536558
Internet Transmission Date: Fri Feb 19 16:45:16 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XXX.XX.XX-2021021916451691
9497-90536558-7707b758eabc81e87d3a9a15e6
7a93c1281cdefec4a1a632c5591e2a9b93a3e2d6
-CC-45150347-20210219151703612704