TEAS Plus New 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

TEAS Plus Application

Serial Number: 97357521

Filing Date: 04/11/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a stylized scorpion.
The applicant, Steve Borden, a citizen of United States, having an address of
      1000 Jackston St.
      Toledo, Ohio 43604
      United States
      XXXX
Steve Borden, having a domicile address of:

      XXXX
      XXXX, XXXX XXXX
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Hats; Shirts; Socks; Sweatshirts; Bandanas; Hooded sweatshirts

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/00/2020, and first used in commerce at least as early as 12/00/2020, 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) website printouts showing the mark in use on and in close association with the goods.

Original PDF file:
SPE0-722403678-2022041117 4100803224_._scorpion_spe cimen_1__025_.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-722403678-2022041117 4100803224_._scorpion_spe cimen_2__025_.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

Webpage URL: http://www.prowrestlingtees.com/catalog/product/view/id/60136/s/sting-defender-cuff-beanie/category/7451/
Webpage Date of Access: 04/11/2022
Webpage URL: http://www.prowrestlingtees.com/catalog/product/view/id/55572/s/sting-scorpion/category/7451/
Webpage Date of Access: 04/11/2022

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 028:  Action figure toys; Action figures; Action figures and accessories therefor; Toy action figures

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 028, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 00/00/2021, and first used in commerce at least as early as 00/00/2021, 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) photo of the goods showing the mark.
Specimen File1

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

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 032:  Energy drinks; Energy drinks containing caffeine; Energy drinks enhanced with vitamins, minerals, or nutrients; Non-alcoholic drinks, namely, energy shots
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Entertainment in the nature of wrestling contests; Entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer; Entertainment services, namely, live appearances by a professional wrestling and sports entertainment personality; Entertainment services, namely, personal appearances by a professional wrestling and sports entertainment personality; Entertainment services, namely, televised appearances by a professional wrestling and sports entertainment personality; Providing wrestling news and information via a global computer network; Providing online interviews featuring a professional wrestler and sports entertainer in the field of professional wrestling and sports entertainment for entertainment purposes

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/00/2020, and first used in commerce at least as early as 12/00/2020, 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) screen captures from a live television program and wrestling event showing the mark on ring-worn attire.

Original PDF file:
SPE0-722403678-2022041117 4100803224_._scorpion_spe cimen__041_.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

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




The owner's/holder's proposed attorney information: Michael E. Dockins. Other appointed attorneys are Doug Miller, Bill Clemens, Kristen Fries, Scott Seaman. Michael E. Dockins of Shumaker Loop & Kendrick, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1000 Jackson St.
      Toledo, Ohio 43604
      United States
      419-321-1473(phone)
      4192416894(fax)
      mdockins@shumaker.com
The docket/reference number is 263317.
Michael E. Dockins 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:

Michael E. Dockins

PRIMARY EMAIL FOR CORRESPONDENCE: mdockins@shumaker.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hpeppard@shumaker.com; tlopez@shumaker.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 $1000 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: /med/   Date: 04/11/2022
Signatory's Name: Michael E. Dockins
Signatory's Position: Attorney for applicant
Signatory's Phone Number: 419-321-1473
Signature method: Signed directly within the form
Payment Sale Number: 97357521
Payment Accounting Date: 04/11/2022

Serial Number: 97357521
Internet Transmission Date: Mon Apr 11 18:07:51 ET 2022
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20220411180751394
334-97357521-820118eaeb36bb61e7644923b11
c3fce7392942f3365e6f255499fffdf293d77587
-DA-07510754-20220411174100803224