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: 88246906

Filing Date: 01/02/2019

To the Commissioner for Trademarks:

MARK: VERMONT TEDDY BEAR (Standard Characters, see mark)
The mark in your application is VERMONT TEDDY BEAR.


The applicant, The Vermont Teddy Bear Company, Inc., a corporation of Delaware, having an address of
      P.O. Box 965
      6655 Shelburne Road
      Shelburne, Vermont 05482
      United States
      703-619-0101(phone)
      703-619-0110(fax)
      XXXX (not authorized)

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 028:  Stuffed toy animals; Toy stuffed animals

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 028, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/00/1985, and first used in commerce at least as early as 04/00/1985, 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) An image of a page from applicant's internet website displaying the mark adjacent the goods and a "button" next to the goods labeled "SHOP NOW" which when clicked upon leads the customer to a page where the goods may be purchased..
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 039:  Delivery of messages by courier; Message delivery; Transport, delivery, packaging, and storage of gifts; Transportation and delivery services by air, road, rail and sea

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 039, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/00/1985, and first used in commerce at least as early as 04/00/1985, 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) An image of a page from applicant's internet website showing the mark, a summary of an ordered gift and an area where the customer can select a shipping method to deliver the gift including the ability to add a gift message.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1941985, 2201144, 5427606, and others.

Miscellaneous Statement
Additionally, applicant owns registration no. 2201145


The applicant's current Attorney Information:
      H. Jay Spiegel of H. Jay Spiegel & Associates      P.O. Box 11
      Mount Vernon, Virginia 22121
      United States
      703-619-0101(phone)
      703-619-0110(fax)
      jayspiegel@aol.com (authorized)

The applicant's current Correspondence Information:

H. Jay Spiegel

H. Jay Spiegel & Associates

P.O. Box 11

Mount Vernon, Virginia 22121

703-619-0101(phone)

703-619-0110(fax)

jayspiegel@aol.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 $450 has been submitted with the application, representing payment for 2 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: /H. Jay Spiegel/   Date: 01/02/2019
Signatory's Name: H. Jay Spiegel
Signatory's Position: Attorney of record, Virginia Bar member
Signatory's Phone Number: 703-619-0101
Payment Sale Number: 88246906
Payment Accounting Date: 01/02/2019

Serial Number: 88246906
Internet Transmission Date: Wed Jan 02 11:19:41 EST 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-201901021119410
83542-88246906-62091595438c0255656c1cea3
e98ebaaa96c1132c9948bbaf65491d89da776422
-CC-6609-20190102105247776065