TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86574467

Filing Date: 03/24/2015

To the Commissioner for Trademarks:

MARK: WHATABURGER (Standard Characters, see mark)
The literal element of the mark consists of WHATABURGER.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Tres Aguilas Enterprises LLC, a limited liability company legally organized under the laws of Texas, having an address of
      300 Concord Plaza Drive
      San Antonio, Texas 78216
      United States


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 032:  Beverages, namely non-alcoholic beverages; soft drinks for consumption on or off the premises; non-alcoholic drinks sold for consumption on or off the premises, namely, fruit juices, fruit flavored drinks, sports drinks, fruit punch, drinking water, lemonade, non-frozen carbonated beverages; carbonated and non-carbonated soft drinks and fruit juices; soft drinks.

In International Class 032, 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 08/08/1950, and first used in commerce at least as early as 08/19/1953, 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) images of the mark used at the point of sale display, product packaging and website.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE00-7420225566-20150311144818045177_._Whataburger_Website.pdf
Converted PDF file(s) (18 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
Specimen File16
Specimen File17
Specimen File18
Original PDF file:
SPE00-7420225566-20150324142402104299_._Specimen_BagDrinkFriesLabel.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 0652137, 2335590, 2757109, and others.

The applicant's current Attorney Information:
      Jeff A. McDaniel and Kirby Cronin, Louise Miller, Kevin Daffer, Chad Huston of DAFFER MCDANIEL LLP
      P.O. Box 164345
      Austin, Texas 78716
      United States
The attorney docket/reference number is 6000-20106.

The applicant's current Correspondence Information:

Jeff A. McDaniel

DAFFER MCDANIEL LLP

P.O. Box 164345

Austin, Texas 78716

(512) 476-1400(phone)

(512) 703-1250(fax)

jmcdaniel@dmtechlaw.com;kcronin@dmtechlaw.com; hsimpson@dmtechlaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application 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: Not Provided    Date: Not Provided
Signatory's Name: Thomas E. Dobson
Signatory's Position: Manager
RAM Sale Number: 86574467
RAM Accounting Date: 03/25/2015

Serial Number: 86574467
Internet Transmission Date: Tue Mar 24 14:28:15 EDT 2015
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2015032414281589
8302-86574467-5304a7c79f97c91f46c90bf14c
a91e82e7e3df37c221176e765191332b128d46a7
-DA-719-20150324142402104299