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: 88204965

Filing Date: 11/26/2018

To the Commissioner for Trademarks:

MARK: BERKLEY JENSEN (Standard Characters, see mark)
The mark in your application is BERKLEY JENSEN.


The applicant, BJ's Wholesale Club, Inc., a corporation of Delaware, having an address of
      25 Research Drive
      Westborough, Massachusetts 01581
      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 retail store services featuring a wide variety of merchandise

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 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/30/2017, and first used in commerce at least as early as 08/30/2017, 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 shots of applicant's website displaying the mark in use in connection with rendering the applied-for services.

Original PDF file:
SPE0-45271915-20181112221018343691_._Berkley_Jensen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-45271915-20181112221018343691_._Berkley_Jensen_2.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) 5069147 and 2904282.


The applicant's current Attorney Information:
      Christopher D. Casavale and Mark C. Dukes, John C. McElwaine, Lloyd G. Farr, Craig N. Killen, Robert H. McWilliams, Jr., Ashley Summer, Charles G. Zug, Nichole Hayden, Lauren Hunstad of Nelson Mullins Riley & Scarborough LLP      301 South College St, Suite 2300
      Charlotte, North Carolina 28202
      United States
      843-534-4252(phone)
      ip@nelsonmullins.com (authorized)

The applicant's current Correspondence Information:

Christopher D. Casavale

Nelson Mullins Riley & Scarborough LLP

301 South College St, Suite 2300

Charlotte, North Carolina 28202

843-534-4252(phone)

ip@nelsonmullins.com;chris.casavale@nelsonmullins.com; john.mcelwaine@nelsonmullins.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 $225 has been submitted with the application, representing payment for 1 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: /Graham Luce/   Date: 11/26/2018
Signatory's Name: Graham Luce
Signatory's Position: Senior Vice President, Secretary and General Counsel
Payment Sale Number: 88204965
Payment Accounting Date: 11/26/2018

Serial Number: 88204965
Internet Transmission Date: Mon Nov 26 09:45:02 EST 2018
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201811260945026733
30-88204965-6104284f0258265e7863a127e497
e81144d67e6d4f2641cf8f77b3a89897af-DA-33
92-20181112221018343691