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: 97511638

Filing Date: 07/20/2022

To the Commissioner for Trademarks:

MARK: TOAST (stylized and/or with design, see mark)
The literal element of the mark consists of TOAST. The applicant is not claiming color as a feature of the mark. The mark consists of the word TOAST in all capital letters with the letter "O" comprising an outer ring and a separate inner concentric ring.
The applicant, DAY & DAY TRADING CORPORATION, a corporation of Taiwan, having an address of
      9 F., No. 246, Sec. 3
      Chengde Rd., Datong Dist.
      Taipei City
      Taiwan
      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 021:  Bottle stands; Coffee cups; Coffee scoops; Drip mats for tea; Electric essential oil diffusers; Insulating sleeve holder for bottles; Kitchen containers; Lunch boxes; Non-electric aromatic oil diffusers, other than reed diffusers; Non-electric, pour-over coffee filters not of paper for brewing coffee; Plastic place mats; Tea cups; Tea kettles, non-electric; Ultrasonic aromatherapy diffusers; Ultrasonic essential oil diffusers; Vaporizers being electric aromatic oil diffusers; Vaporizers for perfume sold empty; Water bottles sold empty

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 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 07/16/2007, and first used in commerce at least as early as 01/18/2017, 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) annotated and unannotated digital photos of goods and packaging for goods labeled with the mark.

Original PDF file:
SPE0-6513269242-202207201 30343369533_._specimens.pdf
Converted PDF file(s) (15 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Original PDF file:
SPE0-6513269242-202207201 30343369533_._specimens_n ot_annotated.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

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




The owner's/holder's proposed attorney information: James T. Nikolai. Other appointed attorneys are Bradley Thorson, David Biek, Brian Stender. James T. Nikolai of DEWITT 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
      2100 ATT TOWER
      901 Marquette Avenue
      Minneapolis, Minnesota 55402
      United States
      612-305-1518(phone)
      612-305-1414(fax)
      jtn@dewittllp.com
The docket/reference number is 0013702.0128.
James T. Nikolai 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 T. Nikolai

PRIMARY EMAIL FOR CORRESPONDENCE: jtn@dewittllp.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): acl@dewittllp.com; jtntm@dewittllp.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 $250 has been submitted with the application, representing payment for 1 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: /jamestnikolai/   Date: 07/20/2022
Signatory's Name: James T. Nikolai
Signatory's Position: Attorney of record, Minnesota Bar Member
Signatory's Phone Number: 612-305-1518
Signature method: Signed directly within the form
Payment Sale Number: 97511638
Payment Accounting Date: 07/20/2022

Serial Number: 97511638
Internet Transmission Date: Wed Jul 20 13:39:01 ET 2022
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2022072013390110
4184-97511638-820e93fd3757f3ae65de7833e2
c3186cd875cba661712264c2e931223b2aa715-C
C-38590378-20220720130343369533