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: 86613000

Filing Date: 04/28/2015

To the Commissioner for Trademarks:

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

The applicant, B&B ACQUISITION, INC., DBA CANDLE WARMERS ETC., a corporation of Utah, having an address of
      1948 WEST 2425 SOUTH, SUITE 2
      WOODS CROSS, Utah 84087
      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 003:  Scented wax blocks used as a room fragrancing preparation

In International Class 003, 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 12/15/2006, and first used in commerce at least as early as 12/15/2006, 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) wax blocks.
Specimen File1

       International Class 011:  Electric candle warmers; electrical devices having a heating element for use in warming scented wax; electrical devices to be plugged into wall outlets having a heating element and which dispenses fragrance; light bulbs; lamp shades

In International Class 011, 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 12/15/2001, and first used in commerce at least as early as 12/15/2001, 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) lamp shade; electric candle warming appliance.
Specimen File1
Specimen File2

       International Class 021:  Decorative figurines, vases, sculptures, and pots of earthenware, glass, porcelain, and terra cotta; skillets

In International Class 021, 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 12/15/2005, and first used in commerce at least as early as 12/15/2005, 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) skillet; earthenware vase and pot.
Specimen File1
Specimen File2
Specimen File3

       International Class 035:  Online retail store services featuring candles, scented wax blocks, electrical devices for heating fragranced preparations, electric candle warmers, decorative figurines, vases, sculptures, and pots of earthenware, glass, porcelain, and terra cotta, skillets, light bulbs, and lamp shades

In International Class 035, 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 12/15/2009, and first used in commerce at least as early as 12/15/2009, 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) screen captures showing online retail sales portal.
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3464914.

The applicant's current Attorney Information:
      Nicholas D. Wells and Robert Yates, Dax Anderson of Kirton McConkie

      1800 World Trade Center
      60 E. South Temple
      Salt Lake City, Utah 84111
      United States
The attorney docket/reference number is 24720.

The applicant's current Correspondence Information:

Nicholas D. Wells

Kirton McConkie

1800 World Trade Center       60 E. South Temple

Salt Lake City, Utah 84111

8013283600(phone)

nwells@kmclaw.com;abrimhall@kmclaw.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 $1100 has been submitted with the application, representing payment for 4 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: /Nicholas Wells/   Date: 04/28/2015
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, New York bar member
RAM Sale Number: 86613000
RAM Accounting Date: 04/29/2015

Serial Number: 86613000
Internet Transmission Date: Tue Apr 28 18:40:47 EDT 2015
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20150428184047
257197-86613000-530dcaae7ee93d9d9ff255c9
baf372b7a1c772f1bc1ff9655d70813facc8a3d1
-CC-5697-20150428182929425906