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

---

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: 97235300

Filing Date: 01/24/2022

To the Commissioner for Trademarks:

MARK: TESTOSTERONE (Standard Characters, see mark)
The literal element of the mark consists of TESTOSTERONE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Diba Imports, L.P., a limited partnership legally organized under the laws of Missouri, comprising of JJF Imports, Inc., having an address of
      3630 Corporate Trail Drive
      Earth City, Missouri 63045
      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 018:  Wallets, briefcases, backpacks

In International Class 018, 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 08/27/2018, and first used in commerce at least as early as 08/27/2018, 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) digital photographs of goods showing use of the mark therewith.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 035:  Online retail store services for the sale of footwear and apparel

In International Class 035, 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 09/08/2019, and first used in commerce at least as early as 09/08/2019, 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) screenshots of applicant's website showing use of the mark in connection with the services.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://testosteroneshoes.com/
Webpage Date of Access: 01/20/2022
Webpage URL: http://testosteroneshoes.com/pages/lookbook
Webpage Date of Access: 01/20/2022



The owner's/holder's proposed attorney information: Alan S. Nemes. Other appointed attorneys are Tara L. Allstun, Michelle Alvey, Dan S. Cohn, S. Myers Dill, Daan G. Erikson, Caroline Chicoine, Fred Rusche, Kris Kappel, Eric Rakestraw, Michael Scott. Alan S. Nemes of Husch Blackwell 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
      190 Carondelet Plaza, Suite 600
      St. Louis, Missouri 63105
      United States
      314-480-1500(phone)
      314-480-1505(fax)
      pto-sl@huschblackwell.com
The docket/reference number is 713026.134.
Alan S. Nemes 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:

Alan S. Nemes

PRIMARY EMAIL FOR CORRESPONDENCE: pto-sl@huschblackwell.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 $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: /Diane M Butrus/   Date: 01/24/2022
Signatory's Name: Diane Butrus
Signatory's Position: Chief Operating Officer
Signatory's Phone Number: 314-374-7373
Signature method: Sent to third party for signature
Payment Sale Number: 97235300
Payment Accounting Date: 01/24/2022

Serial Number: 97235300
Internet Transmission Date: Mon Jan 24 16:03:19 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20220124160319568374-97235300-
81082beda4e756ab3ba5356569a6618aa45414fc
0219bbc93ddf0a2cea3374d1ecb-DA-03193330-
20220120164830240100