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: 97370712

Filing Date: 04/19/2022

To the Commissioner for Trademarks:

MARK: Spicy (stylized and/or with design, see mark)
The literal element of the mark consists of Spicy. The applicant is not claiming color as a feature of the mark. The mark consists of Spicy Brain Logo. A pepper/brain hybrid. A pepper resembling a brain. A brain resembling a pepper.
The applicant, Nicole Simches, a citizen of United States, having an address of
      250 Commons Dr MB #322
      Dubois, Pennsylvania 15801
      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 016:  Stickers and branded paper materials.

In International Class 016, 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 04/01/2022, and first used in commerce at least as early as 04/01/2022, 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) This is a sticker of the logo. A spicy pepper that looks like a brain (or a brain that looks like a spicy pepper) with the word spicy designed inside. This is a picture of the actual sticker..
Specimen File1
Webpage URL: http://ellijbeauty.com/products/autism-awareness-month-spicy-brain-sticker
Webpage Date of Access: 04/01/2022

International Class 025:  Shirts, hats, and sweatshirts.

In International Class 025, 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 04/01/2022, and first used in commerce at least as early as 04/01/2022, 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) We are currently working on getting the logo on shirts. It will be this exact sticker logo but pressed onto clothing..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

The applicant's current Correspondence Information:

Simches, Nicole

PRIMARY EMAIL FOR CORRESPONDENCE: 165152s19ccvQxSA@relay.trademarkengine.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): notifications@trademarkengine.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 $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: /NICOLE SIMCHES/   Date: 04/13/2022
Signatory's Name: Nicole Simches
Signatory's Position: Owner
Signatory's Phone Number: 4843566358
Signature method: Sent to third party for signature
Payment Sale Number: 97370712
Payment Accounting Date: 04/19/2022

Serial Number: 97370712
Internet Transmission Date: Tue Apr 19 18:00:44 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXb:
a6d3:888e-20220419180044992321-97370712-
8205b120c02083e9f8709470e475a24ca7c07b43
4fa0c3254c5165d0b7b88df4c-CC-00430744-20
220413190053467669