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: 88277234

Filing Date: 01/25/2019

To the Commissioner for Trademarks:

MARK: GARDEN ESSENTIALS (Standard Characters, see mark)
The literal element of the mark consists of GARDEN ESSENTIALS.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Christmas Tree Shops, Inc., a corporation of Massachusetts, having an address of
      650 Liberty Avenue
      Union, New Jersey 07083
      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 006:  Arbors of metal; Fences of metal; Garden hose carts; Metal greenhouses; Plant hangers of metal; Stakes of metal for plants or trees; and Trellises of metal

In International Class 006, 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 00/00/2011, and first used in commerce at least as early as 00/00/2011, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_006.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 008:  Hand tools, namely, bulb planters; Hand tools, namely, transplanters; Hand tools, namely, weed diggers; Hoes; Lawn and garden tools, namely, cultivators; Manually operated sharpeners; Pruning shears; Rakes; Shovels; and Tool holders

In International Class 008, 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 00/00/2009, and first used in commerce at least as early as 00/00/2009, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_008_Rake.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 009:  Thermometers, not for medical purposes

In International Class 009, 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 00/00/2011, and first used in commerce at least as early as 00/00/2011, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125120445836219_._GARDEN_GE-9.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 016:  Lawn and leaf disposal bags

In International Class 016, 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 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_016.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 017:  Garden hoses

In International Class 017, 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 00/00/2011, and first used in commerce at least as early as 00/00/2011, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125120445836219_._GARDEN_GE-17.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 019:  Arbors of non-metal; Chicken coops; Fences, not of metal; Geotextiles, namely, fabric and sheeting for landscaping; Modular greenhouses not of metal; Trellises, not of metal

In International Class 019, 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 02/00/2016, and first used in commerce at least as early as 02/00/2016, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_019_Fences_of_Non_Metal.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 020:  Benches; Combination kneeler and seat for gardening; Kneeling pads for household and garden use; Outdoor décor made of wood; Plant stands; Plastic landscape edging; Storage pots for garden hoses; Furniture, namely, Tables; and Wood barrels

In International Class 020, 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 00/00/2009, and first used in commerce at least as early as 00/00/2009, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_020_Kneeling_Pads_for_garden_or_household_use.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 021:  Bird baths, being bowls for birds to bathe in; Bird feeders; Bird houses; Connectors for garden hoses; Flower and plant cultivation trays; Garden hose repair kits; Gardening gloves; Hose nozzles; Lawn sprinklers; Natural and synthetic fiber coco liners fitted for plant boxes; plant pots and plant baskets; Pails; Planter boxes for domestic gardening; Planters for flowers and plants; Raised garden beds, namely, raised containers for planting contained gardens; Saucers for flower pots; Sprayer nozzles for garden hoses; Trash cans; Watering cans; and Window boxes

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 00/00/2009, and first used in commerce at least as early as 00/00/2009, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_021_Watering_Can.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 022:  Plastic ties for home or garden use; and Twine

In International Class 022, 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 00/00/2011, and first used in commerce at least as early as 00/00/2011, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_022_Plastic_Ties_for_home_or_garden_use.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 025:  Clogs

In International Class 025, 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 09/00/2012, and first used in commerce at least as early as 09/00/2012, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_025_Clogs.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 028:  Decorative wind spinners

In International Class 028, 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 00/00/2016, and first used in commerce at least as early as 00/00/2016, 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) Photograph of product packaging.

Original PDF file:
SPE0-17325148210-20190125105549520505_._GARDEN_Class_028_Decorative_Wind_spinners.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant's current Attorney Information:
      GREGG A. PARADISE and Ryan L. Bergeron, April M. Capati, Si Chen; Orville R. Cockings, Harvey L Cohen, Robert B. Cohen, Jonathan A. David, Sidney David, William A Di Bianca, Jeffrey S. Dickey, Aaron S. Eckenthal, Russell W. Faegenburg, Gregory S. Gewirtz, Keith E. Gilman, Stephen B. Goldman, Kendall K. Gurule; Robert B. Hander, Charles H. Humkey, Kelly Y. Hwang, Joseph H. Karlin, Charles P. Kennedy, Paul H. Kochanski, Kevin M. Kocun, David J. Kohn, Arnold H. Krumholz, Elizabeth A. Lafferty, Daniel P. Laine, Andrew T. Lane, David G. Leach, Daniel Lee; Jennifer Y. Lin, Joseph S. Littenberg; Stephen M. Lund, Sterlon R. Mason, Keith J. McWha, Mitesh Mehta, William L. Mentlik, Marcus J. Millet, John R. Nelson, Nahoko Ono, Thomas M. Palisi, Gregg A. Paradise, Wilfred V. Patrick, Bruno Polito, Gregory M. Reilly, Natalie S. Richer, Jordan T. Riviello; Stephen F. Roth, Bruce H. Sales, Dennis M. Smid, Alexander Solo, Michael H. Teschner, Brian R. Tomkins, Nichole M. Valeyko, Tedd W. Van Buskirk, James A. Vezeris, Lingyan Wang, and Roy H. Wepner of Lerner, David, Littenberg, Krumholz & Mentlik, LLP      600 South Avenue West
      Westfield, New Jersey 07090
      United States
      908-654-5000(phone)
      908-654-7866(fax)
      trademarkadmin@lernerdavid.com (authorized)
The attorney docket/reference number is BBB-1154.

The applicant's current Correspondence Information:

GREGG A. PARADISE

Lerner, David, Littenberg, Krumholz & Mentlik, LLP

600 South Avenue West

Westfield, New Jersey 07090

908-654-5000(phone)

908-654-7866(fax)

trademarkadmin@lernerdavid.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 $3025 has been submitted with the application, representing payment for 11 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: /Gregg A. Paradise/   Date: 01/25/2019
Signatory's Name: GREGG A. PARADISE
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
Payment Sale Number: 88277234
Payment Accounting Date: 01/28/2019

Serial Number: 88277234
Internet Transmission Date: Fri Jan 25 17:31:34 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201901251731347
22723-88277234-6205ed8b5ff14e1b055e3f348
9ad34bdb7c5d334576a376c62e488e67fe18e25-
CC-8472-20190125131139507064