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: 97132654

Filing Date: 11/18/2021

To the Commissioner for Trademarks:

MARK: ENCODER (Standard Characters, see mark)
The literal element of the mark consists of ENCODER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, OAKLEY, INC., a corporation of Washington, having an address of
      ONE ICON
      FOOTHILL RANCH, California 92610
      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 009:  Sunglass lenses; eyeglass lenses; eyeglasses; sunglasses; cases for eyeglasses and sunglasses; frames for eyeglasses; frames for sunglasses; frames for spectacles; chains for eyeglasses; chains for sunglasses; cords for spectacles; cords for eyeglasses; cords for sunglasses; parts for spectacles, namely, replacement lenses, frames, nose pads, bridge pads, spectacle temples, ear stems, eyeglass holders, adjustable grips, ear locks; goggles, namely, goggles for swimming, snow, scuba, and for sports; wearable computers, namely, activity trackers, smartwatches, smart glasses, smart rings, smart bands and smart bracelets in the nature of wearable activity trackers; wearable communications apparatus, namely, activity trackers, smartwatches, smart glasses, smart rings, smart bands and smart bracelets in the nature of wearable activity trackers; wearable computer peripheral devices, namely, smartwatches, smart glasses, smart rings, smart bands and smart bracelets in the nature of wearable activity trackers, that feature recorded software that communicates data to personal digital assistants, smart phones, and personal computers through internet websites and other computer and electronic communication networks; downloadable computer application software for use with wearable computer devices, namely for tracking performance and providing reports on performance tracked as well as providing alerts, messages, emails, and reminders concerning such performance, and also for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files concerning such performance; downloadable computer application software for use with wearable computer devices, namely for database management and for use in electronic storage of data
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.



The owner's/holder's proposed attorney information: JOHN P. MURTAUGH. JOHN P. MURTAUGH of PEARNE & GORDON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1801 EAST 9TH STREET, SUITE 1200
      CLEVELAND, Ohio 44114-3108
      United States
      216-579-1700(phone)
      216-579-6073(fax)
      tmdocket@pearne.com
The docket/reference number is SKP15-65327.
JOHN P. MURTAUGH 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:

JOHN P. MURTAUGH

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@pearne.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /johnpmurtaugh/   Date: 11/18/2021
Signatory's Name: JOHN P. MURTAUGH
Signatory's Position: ATTORNEY OF RECORD, OHIO BAR MEMBER
Signatory's Phone Number: 216-579-1700
Signature method: Sent to third party for signature
Payment Sale Number: 97132654
Payment Accounting Date: 11/18/2021

Serial Number: 97132654
Internet Transmission Date: Thu Nov 18 17:36:06 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20211118173606
916367-97132654-7813fe2c4249287558fa4e34
cdfdda7927bac4a44bbe5fcee26f4a29a2e33a6b
7e-CC-36064311-20211118153737927156