TEAS RF 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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87943604

Filing Date: 05/31/2018

To the Commissioner for Trademarks:

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

The applicant, Hyper Pet LLC, a limited liability company legally organized under the laws of Kansas, having an address of
      3100 S. Meridian Avenue
      3100 S. Meridian Avenue
      Wichita, Kansas 67217
      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 009:  life vests for pets
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.

       International Class 018:  pet clothing; Animal harnesses; Collars for pets; Leads for animals; Leashes for animals; Pet products in the nature of a restraining device, namely, tie-out stakes and tie-out chains.

In International Class 018, 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 00/00/2012, and first used in commerce at least as early as 00/00/2012, 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 from third party website showing use of the mark in connection with the goods..

Original PDF file:
SPE0-7043171130-20180530154445502285_._1106457_1.PDF
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-7043171130-20180530154445502285_._1106475_1.PDF
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPE0-7043171130-20180530154445502285_._1106492_1.PDF
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7

       International Class 019:  non-metal animal shelters
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.

       International Class 020:  dog beds; portable beds for pets; beds for household pets; portable kennels; dog kennels; kennels with carriers; kennels for household pets; pillows for household pets
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.

       International Class 021:  Grooming tools for pets, namely, combs and brushes
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.

       International Class 028:  pet play tunnels and pet play tents; pet toys

In International Class 028, 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 00/00/2012, and first used in commerce at least as early as 00/00/2012, 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) Image from third party website showing use of the mark in connection with the goods..

Original PDF file:
SPE0-7043171130-20180530154445502285_._1106499_1.PDF
Converted PDF file(s) (1 page)
Specimen File1

       International Class 031:  consumable pet chews; edible chewing bones for dogs; digestible chewing bones for dogs; pet treats; nylon chewing bones for dogs.

In International Class 031, 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 05/30/2014, and first used in commerce at least as early as 05/30/2014, 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) Image from third party website showing use of the mark in connection with the goods.

Original PDF file:
SPE0-7043171130-20180530154445502285_._1106483_1.PDF
Converted PDF file(s) (1 page)
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5054420.

The applicant's current Attorney Information:
      Dianne M. Smith-Misemer and John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Peter Knops, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, and Darin McCollum of Hovey Williams LLP
      10801 Mastin Boulevard, Suite 1000
      10801 Mastin Boulevard, Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      9136479057(fax)
      tmdocketing.misemer@hoveywilliams.com (authorized)
The attorney docket/reference number is 51087/2394.

The applicant's current Correspondence Information:

Dianne M. Smith-Misemer

Hovey Williams LLP

10801 Mastin Boulevard, Suite 1000       10801 Mastin Boulevard, Suite 1000

Overland Park, Kansas 66210

913-647-9050(phone)

9136479057(fax)

tmdocketing.misemer@hoveywilliams.com;rnichols@hoveywilliams.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, 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 Reduced Fee 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 $1925 has been submitted with the application, representing payment for 7 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 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 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 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: /Dianne M. Smith-Misemer/   Date: 05/31/2018
Signatory's Name: Dianne M. Smith-Misemer
Signatory's Position: Attorney of Record, Missouri and Kansas Bar Member
Payment Sale Number: 87943604
Payment Accounting Date: 06/01/2018

Serial Number: 87943604
Internet Transmission Date: Thu May 31 16:58:17 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2018053116581726
7914-87943604-61093f3b7e0a28e39d38bf292a
a2fa7de12e7e181c23967f9d3ab59ff6fe51f8f-
DA-3903-20180531165449418814