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: 88297319

Filing Date: 02/11/2019

To the Commissioner for Trademarks:

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

The applicant, Ugly Pools USA, Inc., a corporation of Delaware, having an address of
      7558 W Thunderbird Rd PMB 621 #1
      Peoria, Arizona 85381
      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 037:  Swimming pool construction services; Swimming pool renovation services; Swimming pool repair services; Spa and hot tub construction services; Spa and hot tub renovation services; Spa and hot tub repair services; Concrete repair services; Concrete forming and pouring for outdoor concrete structures; Concrete polishing and waterproofing; Earth moving and excavation services; Stone and tile laying services; Outdoor pergola, pavilion, patio, and gazebo construction services; Outdoor fountain, waterfall, and artificial river construction services; Artificial cave and grotto construction services; Safety fence installation services; Lighting apparatus installation services; Swimming pool maintenance and cleaning services

In International Class 037, 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 00/00/2003, and first used in commerce at least as early as 00/00/2003, 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) Screenshots of owner's website advertising services associated with the owner's mark.
Specimen File1
Specimen File2


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3302159 and 4154132.

Miscellaneous Statement
The dates of first use anywhere and first use in commerce of 00/00/2003 applies to the following listed services only: Swimming pool construction services; Swimming pool renovation services; Swimming pool repair services; Spa and hot tub construction services; Spa and hot tub renovation services; Spa and hot tub repair services; Earth moving and excavation services; Stone and tile laying services; Outdoor fountain, waterfall, and artificial river construction services; Artificial cave and grotto construction services; Safety fence installation services; Lighting apparatus installation services; Swimming pool maintenance and cleaning services

The applicant's current Attorney Information:
      Kenneth C. Spafford      8001 Bennington Dr.
      Knoxville, Tennessee 37909
      United States
      602-410-2422(phone)
      spaffordlaw@gmail.com (authorized)
The attorney docket/reference number is 19022-TM.

The applicant's current Correspondence Information:

Kenneth C. Spafford

8001 Bennington Dr.

Knoxville, Tennessee 37909

602-410-2422(phone)

spaffordlaw@gmail.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: /Kenneth C Spafford/   Date: 02/11/2019
Signatory's Name: Kenneth C. Spafford
Signatory's Position: Attorney of record, Arizona bar member
Payment Sale Number: 88297319
Payment Accounting Date: 02/12/2019

Serial Number: 88297319
Internet Transmission Date: Mon Feb 11 21:56:21 EST 2019
TEAS Stamp: USPTO/BAS-XX.X.XX.XX-2019021121562196833
3-88297319-620f94f8d6d40c25437b83a64e77d
52a11de53b97dcc831b182324bd726916271-CC-
7058-20190211213324747623