Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90664300

Filing Date: 04/22/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) black, white, brown, grey, green, putty is/are claimed as a feature of the mark. The mark consists of the configuration of a storage container. The dotted portion of the mark is not claimed and is used to identify the relative position of the mark.
The applicant, IdeaStream Consumer Products, LLC, a limited liability company legally organized under the laws of Ohio, having an address of
      812 Huron Road
      Cleveland, Ohio 44115
      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 _______: General purpose primarily non-paper and primarily non-metal storage containers; primarily non-paper and primarily non-metal storage containers for household, domestic, industrial, or commercial use, namely, containers for storage and transport of writing utensils such as pens, pencils, markers, and highlighters

In International Class _______, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2003, and first used in commerce at least as early as 01/01/2003, 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) webpage showing the mark in use with the goods at a point of sale..

Original PDF file:
SPE0-38671922-20210422151 332517827_._VZ1479_4_Spec imen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.vaultz.com/vaultz-vz01479-4-black-pencil-box-black
Webpage Date of Access: 04/06/2021



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). 5672279.

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: BRIAN E. TURUNG. Other appointed attorneys are Ulmer & Berne LLP. Recognized Canadian attorney(s)/agent(s) is/are Ulmer & Berne LLP. BRIAN E. TURUNG of ULMER & BERNE 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
      Skylight Office Tower, Suite 1100
      1660 West 2nd Street
      Cleveland, Ohio 44113
      United States
      216-583-7098(phone)
      bturung@ulmer.com
The docket/reference number is 36149-0232.
BRIAN E. TURUNG 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:

BRIAN E. TURUNG

PRIMARY EMAIL FOR CORRESPONDENCE: bturung@ulmer.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketing@ulmer.com; mrohan@ulmer.com; dhale@ulmer.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: /Brian E Turung/   Date: 04/22/2021
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of record/Ohio bar member
Signatory's Phone Number: 216-583-7098
Signature method: Signed directly within the form
Payment Sale Number: 90664300
Payment Accounting Date: 04/22/2021

Serial Number: 90664300
Internet Transmission Date: Thu Apr 22 15:26:13 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.X-202104221526135848
40-90664300-77064ef36cb1c1027cdf1886ce11
7cd69543df776e46a8907ccb7963b58a553a27-D
A-26130733-20210422151332517827