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: 97141391

Filing Date: 11/24/2021

To the Commissioner for Trademarks:

MARK: SP5DER (stylized and/or with design, see mark)
The literal element of the mark consists of SP5DER. The applicant is not claiming color as a feature of the mark. The mark consists of the stylized wording of "SP5DER" in an arched format.
The applicant, KING SPIDER LLC, a limited liability company legally organized under the laws of New York, having an address of
      1000 Park Avenue Apt 8A
      New York, New York 10028
      United States
      786-581-2542(phone)
      3055037079(fax)
      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 009:  Downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories for use in online virtual worlds
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 025:  Coats; Dresses; Hats; Headbands; Jeans; Sandals; Shirts; Shoes; Shorts; Slacks; Suits; Sweatshirts; T-shirts; Bucket hats; Jackets; Sweat pants; Track suits

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 05/14/2021, and first used in commerce at least as early as 05/14/2021, 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) Online retail store using Applicant's mark clearly shown in screenshot within as SP5DER originating from Applicant's website kingspider.co.

Original PDF file:
SPE0-1-260017003b019f011c fb4af44ecc620-20211123120 410467326_._SP5DER_Specim en_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: http://www.grailed.com/listings/22012789-spider-worldwide-x-swarovski-x-young-thug-sp5der-spider-worldwide-x-young-thug-websuit-hoodie
Webpage Date of Access: 08/23/2021

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Entertainment services, namely, providing on-line, non-downloadable virtual footwear, clothing, headwear, eyewear, sports bags, backpacks, sports equipment, art, toys and accessories for use in virtual environments created for entertainment purposes
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)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6512199.

Miscellaneous Statement
Applicant's goods in class 25 are available on a limited drop basis and their website is live with applicant's clothing during the limited time period.


The owner's/holder's proposed attorney information: Christopher A. DiSchino, Esq.. Other appointed attorneys are Brenda J. Schamy, Esq.; Michael L. Seiger, Esq.; Hernan Bater, Esq.. Christopher A. DiSchino, Esq. of DiSchino & Schamy, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      4770 Biscayne Blvd., Suite 600
      Miami, Florida 33137
      United States
      786-581-2542(phone)
      3055037079(fax)
      christopher@dsmiami.com

Christopher A. DiSchino, Esq. 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:

Christopher A. DiSchino, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: christopher@dsmiami.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brenda@dsmiami.com; michael@dsmiami.com; admin@dsmiami.com; hernan@dsmiami.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 $750 has been submitted with the application, representing payment for 3 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: /Hernan Bater/   Date: 11/24/2021
Signatory's Name: Bater, Hernan
Signatory's Position: Attorney of Record, Associate Attorney, DiSchino & Schamy, PLLC, Florida Bar member
Signatory's Phone Number: 786-581-2542
Signature method: Signed directly within the form
Payment Sale Number: 97141391
Payment Accounting Date: 11/24/2021

Serial Number: 97141391
Internet Transmission Date: Wed Nov 24 11:34:51 ET 2021
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20211124113451063709-97141391-7
8184323869cec58895fa2781818fef3495f7585e
617af17d5682071ad553ba7-CC-34494140-2021
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