Application

PTO- 1479

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- 1479

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 Form, Supplemental Register

Serial Number: 97174496

Filing Date: 12/16/2021

To the Commissioner for Trademarks:

MARK: DEFENDER (stylized and/or with design, see mark)
The literal element of the mark consists of DEFENDER. The color(s) black, white, gray and red is/are claimed as a feature of the mark. The mark consists of the three dimensional trade dress design of a lower extremity ambulatory protective device for which the following aesthetic features are claimed: (a) multi-patterned bottom sole containing different textured patterns, namely, one black shaded oval with a large three-dimensional zig-zag pattern on the heel and another on the forefoot, each of which is surrounded by a second larger smooth white oval, with a shaded smooth black trapezoid between the larger ovals and a smaller three-dimensional zig-zag pattern in red surrounding the ovals and trapezoid, in addition to a white border featuring three-dimensional horizontal stripes surrounding the outside border of the sole at the forefoot and heel; (b) two-tone side sole featuring two parallel and horizontal white and black stripes that run along the entire circumference of the device. In the lower half, the white stripe splits by the heel to create a border for a black trapezoid shape. The white and black stripes also feature three-dimensional notching patterns to the right and left of the black trapezoid. This feature is symmetrical and appears on both the inner and outer portions of the sole; (c) A gray zig-zag pattern on the back left portion of the device that begins at the top of the device and travels down toward the sole, where it turns to the right and extends horizontally to the middle of the device. This feature is symmetrical and appears on both the back left and back right portions of the device; (d) three-dimensional red piped border outlining the zig-zag pattern on the back left portion of the device and the triple-notch shape on the front panel of the device. This feature is symmetrical and appears on both the left and right sides of the device; (e) Sixteen three-dimensional circle cut-outs on the right side of the upper portion of the device within the gray zig zag pattern; (f) seven large three-dimensional circles in a black rectangle box on the front upper portion of the device; (g) front panel of the device features a triple notch shape in black dark shade, with a light gray three-dimensional piped border outlining the notches. Each notch contains a piped three-dimensional trapezoid shape in black with a three-dimensional horizontal line in red a light shade within the trapezoid. The triple-notch shape creates two cutouts in the front panel. This feature is symmetrical and appears on both the right and left sides of the device. At the top center of the front panel, the word "DEFENDER" is displayed in red. The matter shown in broken lines, namely, the outline of the device along the front and rear panels are not part of the mark. The broken lines serve only to show the position or placement of the primary features of the trade dress.
The applicant, Foot Defender, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      Suite 405
      7000 SW 62nd Street
      South Miami, Florida 33143
      United States
      XXXX

requests that the trademark/service mark identified above be registered with the USPTO on the Supplemental Register for the following:

International Class 010:  Medical wearing apparel, namely, lower extremity ambulatory protective device


In International Class 010, the mark was first used at least as early as 05/06/2019, and first used in commerce at least as early as 05/06/2019, 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) Photographs of goods displaying claimed features of the mark .
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5829244.

The owner's/holder's proposed attorney information: Kate Sherlock. Kate Sherlock of Archer & Greiner, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      One Centennial Sq.
      Haddonfield, New Jersey 08033
      United States
      856-673-3919(phone)
      trademarks@archerlaw.com
The docket/reference number is DEF044.15006.
Kate Sherlock 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:

Kate Sherlock

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@archerlaw.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. § 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: /Kate Sherlock/   Date: 12/16/2021
Signatory's Name: Kate Sherlock
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 856-673-3919
Signature method: Signed directly within the form
Payment Sale Number: 97174496
Payment Accounting Date: 12/16/2021

Serial Number: 97174496
Internet Transmission Date: Thu Dec 16 09:21:07 ET 2021
TEAS Stamp: USPTO/SUP-XX.XXX.XXX.XX-2021121609210783
2011-97174496-781fca9b1bca7adedd871de3a2
61e918c4b8872782caea9dd68c478fe0d6862fdc
-DA-21070943-20211216091241146813