Application

PTO- 1478

Approved for use through 07/31/2021. 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 07/31/2021. 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: 90817503

Filing Date: 07/08/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) black and silver is/are claimed as a feature of the mark. The mark consists of a three-dimensional configuration of an art brush. The mark consists of black bristles, a black ferrule, a silver band and a black handle, with silver wording on the black handle. The matter shown in broken lines, including the wording and the shape of the art brush, indicates placement of the mark on the goods and is not claimed as part of the mark.
The applicant, Silver Brush Ltd., a corporation of New Jersey, having an address of
      P.O. Box 414
      92 North Main Street, Suite 19-I
      Windsor, New Jersey 08561
      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 016:  Artists materials, namely, paint brushes, paint brush sets

In International Class 016, 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 08/10/1991, and first used in commerce at least as early as 08/10/1991, 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) screenshot of webpage providing means of ordering goods.

Original PDF file:
SPE0-63764866-20210706164 304622768_._Trade_dress.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.amazon.com/Silver-Brush-3000S-12-Squirrel-Risslon/dp/B004BNCLFY/ref=sr_1_5?dchild=1&keywords=Silver+Brush+Limited+black+velvet+12&qid=1625601765&sr=8-5
Webpage Date of Access: 07/06/2021



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: Michael R. Friscia. Other appointed attorneys are Carissa L. Rodrigue. Michael R. Friscia of McCarter & English, 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
      Four Gateway Center
      100 Mulberry Street
      Newark, New Jersey 07102
      United States
      973-848-8308(phone)
      mfriscia@mccarter.com
The docket/reference number is 125060-00002.
Michael R. Friscia 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:

Michael R. Friscia

PRIMARY EMAIL FOR CORRESPONDENCE: mfriscia@mccarter.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): crodrigue@mccarter.com; dpopovic@mccarter.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: /edward j flax/   Date: 07/08/2021
Signatory's Name: Edward J. Flax
Signatory's Position: Chief Financial Officer
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 90817503
Payment Accounting Date: 07/08/2021

Serial Number: 90817503
Internet Transmission Date: Thu Jul 08 12:45:06 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202107081245061518
92-90817503-780f566b9842b217f3953721bedc
bf5a7894fdad495d41108f4361e432642431dc-D
A-45052556-20210706164304622768