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: 87307157

Filing Date: 01/19/2017

To the Commissioner for Trademarks:

MARK: CURIOUS GARDENER (stylized and/or with design, see mark)

The mark in your application is CURIOUS GARDENER.
The color(s) white, yellow, black, beige, pink, orange and red is/are claimed as a feature of the mark. The mark consists of a child wearing a gardening hat peering over an oval containing the wording "CURIOUS GARDENER" in white with red and black outlining within the oval, the gardening hat in beige and outlined by black, a yellow tuft of hair extending from underneath the hat, the child's skin a beige color with pink cheeks, and the interior of the oval colored orange.
The applicant, Tailor Made Products, Inc., a corporation of Wisconsin, having an address of
      1860 Executive Drive, Suite B
      Oconomowoc, Wisconsin 53066
      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 008:  Gardening tools, namely, trowels, shovels, rakes, and shears
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 018:  Tote bags
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 020:  Kneeling pads for household and garden use; Non-metal plant markers
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 021:  Planters for flowers and plants; Pots; Watering cans
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:  Aprons; Gloves; Hats
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)).



Disclaimer
No claim is made to the exclusive right to use GARDENER apart from the mark as shown.
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3709619 and 3877666.


The applicant's current Attorney Information:
      Brian G. Gilpin and all other attorneys of Godfrey & Kahn, S.C.      833 East Michigan Street, Suite 1800
      Milwaukee, Wisconsin 53202-5615
      United States
      414-273-3500(phone)
      414-273-5198(fax)
      docketing@gklaw.com (authorized)
The attorney docket/reference number is 010071-0050.

The applicant's current Correspondence Information:

Brian G. Gilpin

Godfrey & Kahn, S.C.

833 East Michigan Street, Suite 1800

Milwaukee, Wisconsin 53202-5615

414-273-3500(phone)

414-273-5198(fax)

docketing@gklaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1125 has been submitted with the application, representing payment for 5 class(es).

Declaration

	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 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 The facts set forth in the application are true. 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 on or in connection with the goods/services in the application; and The facts set forth in the application are true.
	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 that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /brian g. gilpin/   Date: 01/19/2017
Signatory's Name: Brian G. Gilpin
Signatory's Position: Attorney of record, Wisconsin bar member
Signatory's Phone Number: 414-273-3500
Payment Sale Number: 87307157
Payment Accounting Date: 01/23/2017

Serial Number: 87307157
Internet Transmission Date: Thu Jan 19 14:43:28 EST 2017
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20170119144328
569074-87307157-5808ddccf9e594da88b79790
bae08bf5e228aa248a4bb0542778be398c4376ce
a1-DA-1083-20170119142605219399