TEAS Plus New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 87215204

Filing Date: 10/25/2016

To the Commissioner for Trademarks:

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

The applicant, Green Fuse Botanicals, Inc., a corporation of California, having an address of
      220 18th Street
      Santa Monica, California 90402
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 031:  Live plants, namely, Streptocarpus

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 031, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/01/2009, and first used in commerce at least as early as 10/01/2009, 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) LADYSLIPPERSbluewhitecenter.jpg is a photo of the mark in use in interstate commerce with the goods; and LADYSLIPPERSgrapeice.jpg is a photo of the mark in use in interstate commerce with the goods.
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4039988.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicants substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The applicant's current Attorney Information:
      Barbara Campbell and James M. Weatherly, William W. Cochran, Samuel M. Freund, James R. Young, Christopher P. Whitham, Regan L. Trumper, and Herbert I. Cantor of Cochran Freund & Young LLC
      Suite 201
      2026 Caribou Drive
      Fort Collins, Colorado 80525
      United States
      1-970-492-1100(phone)
      1-970-492-1101(fax)
      barbc@patentlegal.com (authorized)
The attorney docket/reference number is GFB.40ustma2.

The applicant's current Correspondence Information:

Barbara Campbell

Cochran Freund & Young LLC

Suite 201       2026 Caribou Drive

Fort Collins, Colorado 80525

1-970-492-1100(phone)

1-970-492-1101(fax)

barbc@patentlegal.com;jamesw@patentlegal.com;heatherg@patentlegal.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 $225 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. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce 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/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant has a bona fide intention, and is entitled, to use 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 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. 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 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.


Signature: /Stephen Jones/   Date Signed: 10/25/2016
Signatory's Name: Stephen Jones
Signatory's Position: President



RAM Sale Number: 87215204
RAM Accounting Date: 10/26/2016

Serial Number: 87215204
Internet Transmission Date: Tue Oct 25 17:15:14 EDT 2016
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201610251715147
40622-87215204-57069766640ca457def838924
71a24de9d9bdbaff916faee76fc3aca8719db032
-DA-8107-20161025124425643968