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 02/28/2021)

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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

TEAS Plus Application

Serial Number: 88053818

Filing Date: 07/26/2018

To the Commissioner for Trademarks:

MARK: RALLY'S NOW (Standard Characters, see mark)
The mark in your application is RALLY'S NOW.


The applicant, Checkers Drive-In Restaurants, Inc., a corporation of Delaware, having an address of
      4300 West Cypress Street, Suite 600
      Tampa, Florida 33607
      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 035:  On-line ordering services in the field of restaurant take-out and delivery
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 039:  Delivery of food by restaurants
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 043:  Restaurant services
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)).


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2595536, 2592669, 1735052, and others.


The applicant's current Attorney Information:
      Manuel R. Valcarcel, Esq. and Sandy Chiu, Esq. of Greenberg Traurig, P.A.      333 S.E. 2nd Avenue, 44th Floor
      Miami, Florida 33131
      United States
      305-579-0812(phone)
      3059615812(fax)
      ipmiami@gtlaw.com (authorized)
The attorney docket/reference number is 107303.01290.

The applicant's current Correspondence Information:

Manuel R. Valcarcel, Esq.

Greenberg Traurig, P.A.

333 S.E. 2nd Avenue, 44th Floor

Miami, Florida 33131

305-579-0812(phone)

3059615812(fax)

ipmiami@gtlaw.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 $675 has been submitted with the application, representing payment for 3 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: /Vincent C. Brockman/   Date: 07/26/2018
Signatory's Name: Vincent C. Brockman
Signatory's Position: Senior Vice President and General Counsel
Signatory's Phone Number: 813-283-7050
Payment Sale Number: 88053818
Payment Accounting Date: 07/26/2018

Serial Number: 88053818
Internet Transmission Date: Thu Jul 26 13:01:22 EDT 2018
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20180726130122764
590-88053818-61080b7e4be3f36bfecf756f687
c918e233ce81ec578268b27cc42c356ffbff1-DA
-12194-20180726123704321983