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: 88268148

Filing Date: 01/18/2019

To the Commissioner for Trademarks:

MARK: TOP FIN (stylized and/or with design, see mark)

The literal element of the mark consists of TOP FIN.
The applicant is not claiming color as a feature of the mark. The mark consists of the words TOP FIN where the letter "I" is represented by a swimming fish with two outlined circles and one solid circle representing air bubbles.
The applicant, PetSmart Home Office, Inc., a corporation of Delaware, having an address of
      19601 N 27th Avenue
      Phoenix, Arizona 85027
      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 021:  Aquariums; aquarium accessories, namely, aquarium background landscapes, aquarium ornaments, and artificial aquarium landscapes; aquarium cleaning tools, namely, brushes

In International Class 021, 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 08/01/2016, and first used in commerce at least as early as 08/01/2016, 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) digital photographs showing use of mark on packaging.
Specimen File1
Specimen File2
Specimen File3



The applicant's current Attorney Information:
      Randel S. Springer and Christine Beaman Rankin, M. Christopher Bolen, Peter B. Bromaghim, Melissa G. Ferrario, Jack B. Hicks, Jennifer Itzkoff, Sarah Anne Keefe, Laura A. Kees, Tiffani D. Otey, Emily Scheible Whittaker of Womble Bond Dickinson (US) LLP      One West Fourth Street
      Winston-Salem, North Carolina 27101
      United States
      336-721-3747(phone)
      336-726-6991(fax)
      trademarkswinston@wbd-us.com (authorized)
The attorney docket/reference number is 88177.0009.9.

The applicant's current Correspondence Information:

Randel S. Springer

Womble Bond Dickinson (US) LLP

One West Fourth Street

Winston-Salem, North Carolina 27101

336-721-3747(phone)

336-726-6991(fax)

trademarkswinston@wbd-us.com;tmdocketing@wbd-us.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 $275 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: /Randy Springer/   Date: 01/18/2019
Signatory's Name: Randel S. Springer
Signatory's Position: Attorney of Record, NC Bar Member
Payment Sale Number: 88268148
Payment Accounting Date: 01/22/2019

Serial Number: 88268148
Internet Transmission Date: Fri Jan 18 20:53:38 EST 2019
TEAS Stamp: USPTO/BAS-XX.XX.X.XX-2019011820533835850
6-88268148-6209733c1dc6f8527faa428bccc64
6cb4f8ed4d816e6f15d345ed6e3d8ffa45852-DA
-6790-20190118134615218364