Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97067707

Filing Date: 10/11/2021

To the Commissioner for Trademarks:

MARK: AAA (stylized and/or with design, see mark)
The literal element of the mark consists of AAA. The applicant is not claiming color as a feature of the mark. The mark consists of a movement mark. It consists of a cube or dice with the letter A on all six sides, the dice rotates randomly as if spinning.
The applicant, Threebyone Pty Ltd, a proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      68-70 Hanover Street
      Fitzroy, Victoria 3065
      Australia
      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 025:  Apparel and clothing, including shirts, pants, coats, jackets, skirts, shorts, dresses, jeans, tee shirts, tops, shirts, trousers, knit tops, trousers, hats, caps, swimwear; denim wear, including jeans, pants, trousers, skirts, shorts, shirts, jackets; footwear; headwear
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 Australia application number 2207647, filed 09/02/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Business management; business administration; advertising; retail, online-retail and wholesale services relating to the sale, marketing and distribution of merchandise sold through department stores; retail, online-retail and wholesale services pertaining to footwear, headwear, apparel and clothing, including shirts, pants, coats, jackets, skirts, shorts, dresses, jeans, tee shirts, tops, shirts, trousers, knit tops, trousers, hats, caps, and swimwear, denim wear, including jeans, pants, trousers, skirts, shorts, shirts, jackets; business advisory services relating to franchising services; customer loyalty and incentive schemes; promotional schemes; including the offering of such services over the internet, and by way of mail-order; information, advisory and consultancy services in respect of the aforesaid
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 Australia application number 2207647, filed 09/02/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Andrew Dorisio. Andrew Dorisio of Dickinson Wright PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      300 West Vine St. Suite 1700
      Lexington, Kentucky 40507
      United States
      859-899-8740(phone)
      dwtrademarks@dickinsonwright.com
The docket/reference number is 097929-00005.
Andrew Dorisio 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:

Andrew Dorisio

PRIMARY EMAIL FOR CORRESPONDENCE: dwtrademarks@dickinsonwright.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adorisio@dickinson-wright.com; rdennis@dickinson-wright.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 $700 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: /DJL1961/   Date: 10/11/2021
Signatory's Name: David Laidlaw
Signatory's Position: Director
Signatory's Phone Number: 61418355002
Signature method: Sent to third party for signature
Payment Sale Number: 97067707
Payment Accounting Date: 10/12/2021

Serial Number: 97067707
Internet Transmission Date: Mon Oct 11 01:34:43 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021101101344301
9943-97067707-78140a8a2373d2a2a6e877c925
ad8722aa59d4d1ecaffb9b54c129b9b4e0395024
-CC-34411548-20211005183655384852