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: 97259239

Filing Date: 02/09/2022

To the Commissioner for Trademarks:

MARK: THE HOUSE (stylized and/or with design, see mark)
The literal element of the mark consists of THE HOUSE. The color(s) magenta and white and black is/are claimed as a feature of the mark. The mark consists of stylized mountain design within a stylized house design, to the left of the literal elements THE HOUSE, with the mountain appearing in white, the house appearing in magenta and the literal elements appearing in black.
The applicant, Active Sports, Inc., a corporation of Minnesota, having an address of
      250 Parkway Drive, Suite 270
      Lincolnshire, Illinois 60069
      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 021:  Water bottles, sold empty
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.

International Class 025:  Clothing; Footwear; Hoodies, shirts, hats and socks
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.

International Class 028:  Skateboards and skateboard products and accessories; Skate grips; Snowboards and snowboard products and accessories; Skis and ski products and accessories; Wakeboards and wakeboard products and accessories; Bicycles and bicycle products and accessories; Camping equipment, products and accessories; Watersports equipment, products and accessories
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.

International Class 035:  Online retail store services in the field of recreational sports, outdoor sports, watersports, and camping products, accessories, clothing and footwear
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2115946, 2937284, and 3494432.


The owner's/holder's proposed attorney information: Nicholas G. de la Torre. Other appointed attorneys are Kevin J. McDevitt, Richard B. Biagi, Jeffrey T. Norberg, Rochelle Claerbaut, Michelle Tourtillott, Audra Kemp. Nicholas G. de la Torre of Neal & McDevitt, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1776 Ash Street
      Northfield, Illinois 60093
      United States
      847-881-2463(phone)
      pto@nealmcdevitt.com
The docket/reference number is 63274.109.
Nicholas G. de la Torre 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:

Nicholas G. de la Torre

PRIMARY EMAIL FOR CORRESPONDENCE: pto@nealmcdevitt.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ndelatorre@nealmcdevitt.com; apierce@nealmcdevitt.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 $1400 has been submitted with the application, representing payment for 4 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: /Lindsey Christen/   Date: 02/09/2022
Signatory's Name: Lindsey Christen
Signatory's Position: Senior Vice President, General Counsel
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97259239
Payment Accounting Date: 02/09/2022

Serial Number: 97259239
Internet Transmission Date: Wed Feb 09 11:20:36 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2022020911203601
4056-97259239-810b2ba7622bfb2fc757288263
af36d34135d69c9b06cb6ce1e9228c9838596855
-CC-20341706-20220209104201507680