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: 88233902

Filing Date: 12/18/2018

To the Commissioner for Trademarks:

MARK: PENGUIN FOOD DRINKS DRIVE-IN (stylized and/or with design, see mark)

The mark in your application is PENGUIN FOOD DRINKS DRIVE-IN.
The mark consists of the literal element PENGUIN FOOD DRINKS DRIVE-IN surrounding the image of a penguin.
The applicant, H. Martin Sprock III, a citizen of United States, having an address of
      600 Queen Street
      Charlotte, North Carolina 28207
      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 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)).




The applicant's current Attorney Information:
      Gregory T. Ourada and Steven G. Hill of HILL, KERTSCHER & WHARTON, LLP
      Suite 800
      3350 Riverwood Parkway
      Atlanta, Georgia 30339
      United States
      678-384-7443(phone)
      770-953-1358(fax)
      trademarks@hkw-law.com (authorized)

The applicant's current Correspondence Information:

Gregory T. Ourada

HILL, KERTSCHER & WHARTON, LLP

Suite 800       3350 Riverwood Parkway

Atlanta, Georgia 30339

678-384-7443(phone)

770-953-1358(fax)

trademarks@hkw-law.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: /Gregory T Ourada/   Date: 12/18/2018
Signatory's Name: Gregory T. Ourada
Signatory's Position: Attorney of record, GA bar member
Signatory's Phone Number: 678-384-7443
Payment Sale Number: 88233902
Payment Accounting Date: 12/19/2018

Serial Number: 88233902
Internet Transmission Date: Tue Dec 18 16:19:29 EST 2018
TEAS Stamp: USPTO/FTK-XX.XX.XXX.X-201812181619293363
75-88233902-62078fef725c8e4733a6c1399133
df1f98627d7c57f167f2be8e0d7c4b1a867b3-DA
-17081-20181218161409347556