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: 90829097

Filing Date: 07/14/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of The mark consists of the design of a twist tie comprised of a twist tie arranged in an aesthetically pleasing manner and having rounded end caps at either end. The twist tie may be of any length and have any detail and therefore broken lines are used for the body of the tie, indicating that this shape is not part of the mark and can be anything.
The applicant, Nite Ize, Inc., a corporation of Colorado, having an address of
      5660 Central Avenue
      Boulder, Colorado 80301
      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 022:  Twist ties.

In International Class 022, 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 09/01/2010, and first used in commerce at least as early as 09/01/2010, 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) mark as applied to product.

Original PDF file:
SPE0-16597322-20210714183 955842506_._Specimen_Misc _Design_twist_tie.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Robert P. Ziemian. Other appointed attorneys are Justin Gilleland. Robert P. Ziemian of Haynes and Boone 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
      2323 Victory Avenue, Suite 700
      Dallas, Texas 75219
      United States
      720-484-3713(phone)
      214-200-0853(fax)
      ipdocketing@haynesboone.com
The docket/reference number is 53479.603US1.
Robert P. Ziemian 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:

Robert P. Ziemian

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@haynesboone.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): robert.ziemian@haynesboone.com; justin.gilleland@haynesboone.com; venisa.dark@haynesboone.com; theresa.cope@haynesboone.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: /RPZ/   Date: 07/14/2021
Signatory's Name: Ziemian, Robert P.
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 720-484-3713
Signature method: Sent to third party for signature
Payment Sale Number: 90829097
Payment Accounting Date: 07/14/2021

Serial Number: 90829097
Internet Transmission Date: Wed Jul 14 19:25:24 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202107141925249953
31-90829097-7809dd655de8ba5b042c245531d3
b131bf467ecbb1351b6b5aea11b5ffabbce-DA-2
5244171-20210714183955842506