TEAS Plus New Application

PTO- 1478

Approved for use through 06/30/2021. 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 06/30/2021. 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

TEAS Plus Application

Serial Number: 90782271

Filing Date: 06/18/2021

To the Commissioner for Trademarks:

MARK: TOBE (Standard Characters, see mark)
The literal element of the mark consists of TOBE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TOBE Outerwear USA, LLC, a limited liability company legally organized under the laws of Colorado, having an address of
      970 Yuma Street, Suite 140
      Denver, Colorado 80204
      United States
      888-775-9915(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 009:  Eyewear; Sunglasses; Frames for spectacles and sunglasses; Goggles for sports; Helmets for bicycles; Protective eyewear and component parts thereof; Bicycle helmets; Crash helmets; Motorcycle helmets; Protective eyewear; Protective helmets; Protective sports helmet accessories that attach to the helmets, namely, mouth guards, ear pads, throat protectors, chin straps, face masks, jaw pads and eye shields; Riding helmets; Safety goggles; Safety helmets; Ski goggles; Snow goggles; Sports eyewear

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 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/01/2015, and first used in commerce at least as early as 09/01/2015, 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) A photo showing the trademark on the bottom of a helmet.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Balaclavas; Boots; Gloves; Hats; Headwear; Pants; Parkas; Socks; Sweatshirts; T-shirts; Undershirts; Bibs, not of paper; Jackets; Jerseys; Long underwear; Outerwear, namely, monosuits, casualwear, onesies; Overalls; Pullovers; Ski masks; Tank-tops; Vests; Athletic sweaters; Clothing, namely, base layers

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 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/01/2015, and first used in commerce at least as early as 09/01/2015, 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) A photo showing the trademark on the top of a t-shirt.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided


For informational purposes only, applicant's website address is: http://us.tobeouterwear.com
The owner's/holder's proposed attorney information: Steve Suneson. Other appointed attorneys are Brad Hamilton. Steve Suneson of Jones & Keller, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1675 Broadway, 26th Floor
      Denver, Colorado 80202
      United States
      303-573-1600 x1675(phone)
      ssuneson@joneskeller.com
The docket/reference number is 17770.002.
Steve Suneson 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:

Steve Suneson

PRIMARY EMAIL FOR CORRESPONDENCE: ssuneson@joneskeller.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kbaldwin@joneskeller.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: /Steve Suneson/   Date: 06/18/2021
Signatory's Name: Steve Suneson
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 303-573-1600 x1675
Signature method: Signed directly within the form
Payment Sale Number: 90782271
Payment Accounting Date: 06/21/2021

Serial Number: 90782271
Internet Transmission Date: Fri Jun 18 13:05:30 ET 2021
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20210618130530783
130-90782271-7804fd6481d66b579183f597743
bdc5527a3a4756fd6975bff6dda86046732a3-CC
-05294082-20210618125728281670