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: 88284848

Filing Date: 01/31/2019

To the Commissioner for Trademarks:

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


The applicant, Swell Oyster Company LLC, DBA Swell Oyster Co., a limited liability company legally organized under the laws of New Hampshire, having an address of
      196 Drinkwater Road
      Hampton Falls, New Hampshire 03844
      United States
      603-498-1938(phone)
      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 031:  Shellfish, live

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 031, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/01/2017, and first used in commerce at least as early as 12/01/2018, 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 harvester tag on Swell oysters and screenshot from the Swell Oyster Co.'s website.

Original PDF file:
SPE0-7159201197-20190131173656450295_._Specimen_Swell_TM.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


For informational purposes only, applicant's website address is: www.swelloysterco.com
The applicant's current Attorney Information:
      Cooper Warner and Jason Polen of Staterra Law LLC      PO Box 96261
      Portland, Oregon 97296
      United States
      401-487-7007(phone)
      cooper@staterralaw.com (authorized)

The applicant's current Correspondence Information:

Cooper Warner

Staterra Law LLC

PO Box 96261

Portland, Oregon 97296

401-487-7007(phone)

cooper@staterralaw.com;jason@staterralaw.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: /cooper warner/   Date: 01/31/2019
Signatory's Name: Cooper Warner
Signatory's Position: Attorney of Record, Oregon bar member
Signatory's Phone Number: 401-487-7007
Payment Sale Number: 88284848
Payment Accounting Date: 02/01/2019

Serial Number: 88284848
Internet Transmission Date: Thu Jan 31 18:08:03 EST 2019
TEAS Stamp: USPTO/FTK-XX.XX.XXX.XXX-2019013118080327
3676-88284848-620bfa8cf7e98d974b40fa8c1f
8538ae2f048d9c3fd574bf858188e1df97976-CC
-5510-20190131173656450295