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: 97644042

Filing Date: 10/23/2022

To the Commissioner for Trademarks:

MARK: topgear (stylized and/or with design, see mark)
The literal element of the mark consists of topgear. The applicant is not claiming color as a feature of the mark. The mark consists of the word "topgear" in stylized lettering.
The applicant, Zhejiang YAT Electrical Appliance Co., Ltd., a limited company (ltd.) legally organized under the laws of China, having an address of
      No.150, Wenlong Road, Yuxin Town,
      South Lake Zone, Jiaxing,
      Zhejiang, 314009
      China
      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 007:  Agricultural machinery, namely, harvesters; Lawnmowers; Electric lawn trimmers; Gasoline lawn mowers; Raking machines; Agricultural machines, namely, cultivators; Saw machines; Circular saws; Earth moving machines, namely, scarifiers; Power operated hedge trimmers; Cutting machines; Electric wax-polishing machines for industrial purposes; Electric wax-polishing machines for household purposes; Machine parts, namely, grindstones; Chain saws; Electric saws; Power-operated reciprocating saws; Planing machines; Grinding and polishing machines; Power-operated polishers; Machine parts, namely, blades; Scissors, electric; Power-operated hand-held crimpers; Pneumatic hand-held drills; Electric hand-held hammers; Pneumatic hand-held hammers; Screwdrivers, electric; Cordless electric hand drills; Electric hand-held drills; Grinders being power tools; Power-operated angle grinders; Ratchet wrenches, electric; Electric socket wrenches; Snow ploughs; Snow blowers; Vacuum cleaners; Industrial robots; Robots and robotic arms for lawn-mowing; Electric window cleaning machines; Electric compressors; Electric pumps; High pressure washers; Painting machines; Dynamos; Beverage preparation machines, electromechanical; Juice extractors, electric; Mixing machines; Compressed air machines; Starters for motors and engines; Stone cutting machines
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 008:  Hand tools, namely, ratchet wrenches; Hand tools, namely, socket wrenches; Hand tools, namely, wrenches; Hand jacks; Hand tools, namely, drills; Hand tools, namely, saws; Hand tools, namely, hammers; Hand-operated sanders; Torque wrenches; Hand-operated cutting tools
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 009:  Batteries, electric; Battery chargers; Rechargeable batteries; Radios; Battery jump starters; Inverters
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 011:  Lighting apparatus, namely, lighting installations; LED lights for automobiles; LED lamps; Electric coffee machines; Electric kettles for household purposes; Electric egg steamers for household purposes; Electric roasters; Bread baking machines; Thermo-pots, electric; Ice making machines; Refrigerators; Portable refrigerators; Electric fans; Humidifiers for household use; Space heating apparatus; Heating installations; Water purifying apparatus and machines; Electric pocket warmers for warming hands
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 012:  Air pumps for bicycles; Air pumps for automobiles; Air pumps for motorcycles; Sun-blinds adapted for automobiles; Headlight wipers; Undercarriages for vehicles; Handling carts; Spare tire covers; Cigar lighters for automobiles
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.



Significance of wording, letter(s), or numeral(s)
The wording "topgear" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services listed in the application, or any geographical significance.

Significance of wording, letter(s), or numeral(s)
The word(s) "topgear" has no meaning in a foreign language.


The owner's/holder's proposed attorney information: Yue (Robert) Xu. Yue (Robert) Xu of Apex Attorneys at Law, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      160 Alamo Plaza #942
      Alamo, California 94507
      United States
      408-647-5296(phone)
      408-458-2551(fax)
      trademark@apex-attorneys.com
The docket/reference number is 220220TOPG-U.
Yue (Robert) Xu 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:

Yue (Robert) Xu

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@apex-attorneys.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apex.attorneys@aol.com; trademark.aaal@gmail.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 $1750 has been submitted with the application, representing payment for 5 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: /YUE XU r/   Date: 10/21/2022
Signatory's Name: Yue (Robert) Xu
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 408-647-5296
Signature method: Sent to third party for signature
Payment Sale Number: 97644042
Payment Accounting Date: 10/24/2022

Serial Number: 97644042
Internet Transmission Date: Sun Oct 23 16:13:24 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022102316132584
1160-97644042-820687b374c42156380fad8215
59de7e7b8132be5859ac953d677a7fbd6533dc9-
CC-13241256-20221021140411705302