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: 97173251

Filing Date: 12/15/2021

To the Commissioner for Trademarks:

MARK: OBSIDIAN (Standard Characters, see mark)
The literal element of the mark consists of OBSIDIAN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Dewesoft d.o.o., a corporation of Slovenia, having an address of
      Gabrsko 11a
      1420 Trbovlje
      Slovenia
      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:  Data acquisition and control devices, namely, USB and Ethernet transceiver hardware that receives analog and digital electronic signal data as input from external sources, namely, sensors, controls the received electronic signal data by conditioning the received electronic signal data to preserve and enhance signal integrity, and, communicates the conditioned electrical signal data as output to other external computers and data collection devices via USB, Analog out, Digital out, and Ethernet packets for processing
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.


Miscellaneous Statement
The Applicant advises of currently-pending application serial no. 87692649 for the same mark, owned by the Applicant. The present application is being filed because the final extension of time has been filed but a specimen of use will not be available by the submission deadline because the goods to be sold under the mark cannot yet be produced. The Applicant submits that the worldwide pandemic has created tremendous backlogs in the supply of electronic components, especially new components such as those to be utilized in the goods to be covered by the mark.


For informational purposes only, applicant's website address is: http://www.dewesoft.com/

The owner's/holder's proposed attorney information: Ray Meiers. Ray Meiers of Black McCuskey, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Huntington Building, Suite 1000
      220 Market Avenue South
      Canton, Ohio 44702
      United States
      330-456-8341(phone)
      330.456.5756(fax)
      ip@bmsa.com
The docket/reference number is 1109980033U2.
Ray Meiers 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:

Ray Meiers

PRIMARY EMAIL FOR CORRESPONDENCE: ip@bmsa.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rmeiers@bmsa.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: /Ray Meiers/   Date: 12/15/2021
Signatory's Name: Ray Meiers
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone Number: 419-897-7962
Signature method: Signed directly within the form
Payment Sale Number: 97173251
Payment Accounting Date: 12/15/2021

Serial Number: 97173251
Internet Transmission Date: Wed Dec 15 12:02:13 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021121512021332
3412-97173251-78197e052a0df3d6127dd7a268
8948187b3ef4794289f4f8ad27ed5cf291bb35e4
3-DA-02134794-20211215114233028440