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: 97414379

Filing Date: 05/17/2022

To the Commissioner for Trademarks:

MARK: PHAENOM (stylized and/or with design, see mark)
The literal element of the mark consists of PHAENOM. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized term PHAENOM positioned below a design consisting of a shaded lines forming a generally triangular shape.
The applicant, The Faction Collective SA, a société anonyme (sa) legally organized under the laws of Switzerland, having an address of
      Route de Mauvoisin 29
      Le Châble VS 1934
      Switzerland
      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 025:  Footwear, Ski boots; Boots for sports; Alpine ski boots; Alpine touring ski boots; Snowboard boots; Après-ski boots; Bags specially adapted for ski boots; Running footwear; Trail running shoes; Running shoes; Hiking shoes; Shoes; Half-boots; Sandals; Sneakers; Sports shoes; Athletic footwear; Gymnastic shoes; Slippers; Inner soles; Soles for footwear; Clothing; Shirts; Sweaters; Jerseys; Pullovers; Hooded sweatshirts; Tee-shirts; Outerclothing; Waterproof clothing; Socks; ski socks; running socks; Sweat-absorbent socks; Headwear; Hats; Headbands; Caps being headwear; Beanies

Priority based on foreign filing: 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 and asserts a claim of priority based on Switzerland application number 06415/202210, filed 05/10/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of Switzerland registration number 781308, and/or proof of renewal, registered 05/16/2022 with a renewal date of __________ and an expiration date of 05/10/2032, and translation thereof, if appropriate.

Original PDF file:
reg-26001700ef204570f1c26 7cf1b9df138-130938628_._2 022-05-17_detailansicht_m arken.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4


International Class 028:  Skis; Snowboards; Surfboards; Ski bindings; Ski covers; Ski poles; Snowshoes; Bags especially designed for skis; Skateboards; Roller skates

Priority based on foreign filing: 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 and asserts a claim of priority based on Switzerland application number 06415/202210, filed 05/10/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Based on Foreign Registration: 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, and submits a copy of Switzerland registration number 781308, and/or proof of renewal, registered 05/16/2022 with a renewal date of __________ and an expiration date of 05/10/2032, and translation thereof, if appropriate.

Original PDF file:
reg-26001700ef204570f1c26 7cf1b9df138-130938628_._2 022-05-17_detailansicht_m arken.pdf
Converted PDF file(s) (4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4





The owner's/holder's proposed attorney information: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
      904-247-2620(phone)
      2022801177(fax)
      eastdocket@holleymenker.com
The docket/reference number is 3303.0008.
James R Menker 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:

James R Menker

PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.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: /jmenker/   Date: 05/17/2022
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Signatory's Phone Number: 904-247-2620
Signature method: Signed directly within the form
Payment Sale Number: 97414379
Payment Accounting Date: 05/17/2022

Serial Number: 97414379
Internet Transmission Date: Tue May 17 13:27:46 ET 2022
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20220517132746320150-97414379-
820aebc397a24fcfb1fd5ecfae5fe80de243f390
752e22b3f3cf9d28bf181e0-CC-27452482-2022
0517130938628336