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

Serial Number: 90569630

Filing Date: 03/09/2021

To the Commissioner for Trademarks:

MARK: SIMON (Standard Characters, see mark)
The literal element of the mark consists of SIMON. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Flexiroof Limited, a limited company (ltd.) legally organized under the laws of New Zealand, having an address of
      153 Powderham Street
      New Plymouth 4310
      New Zealand
      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 028:  Bags especially designed for golf equipment; divot repair tools (golf accessories); driving practice mats (golf articles); fitted covers for golf bag trolleys; fitted covers for motorized golf bag carts; golf bag carts; golf bag trolleys; golf bags; golf ball markers; golf balls; golf club grips; golf club heads; golf club shafts; golf clubs; golf equipment; golf gloves; golf irons; golf putters; golf tee bags; golf tees; golf trolleys; head covers for golf clubs; pitch mark repair tools (golf accessories); practice nets for golf; shaped covers for golf club heads; trolley bags for golf equipment.
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on New Zealand application number 1172686, filed 03/05/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The owner's/holder's proposed attorney information: Natasha Burns. Natasha Burns of Burns IP & Commercial Pty Ltd, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      PO Box 177
      Hampton VIC 3188
      Australia
      +61-439035974(phone)
      natasha@burnsip.com
The docket/reference number is 164930.
Natasha Burns 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:

Natasha Burns

PRIMARY EMAIL FOR CORRESPONDENCE: natasha@burnsip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tm@burnsip.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 $350 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: /NJB/   Date: 03/10/2021
Signatory's Name: Natasha Burns
Signatory's Position: Attorney of Record, New York bar member
Signatory's Phone Number: +61-439035974
Signature method: Signed directly within the form
Payment Sale Number: 90569630
Payment Accounting Date: 03/09/2021

Serial Number: 90569630
Internet Transmission Date: Tue Mar 09 23:55:38 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20210309235538705
696-90569630-7704968ff57f480d2e2f7d4d857
85245c342048c451be8a3e453471d72b87f1ed-C
C-55370930-20210309234154854183