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: 88328406

Filing Date: 03/06/2019

To the Commissioner for Trademarks:

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

The applicant, TERP NATION, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      2500 South Park Road, Bay#3
      Pembroke Park, Florida 33009
      United States
      305-858-8000(phone)
      305-858-0008(fax)

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 005:  Liquid herbal tinctures for personal use; Cbd isolates sold in crystal powder form; cbd hemp oil, essential oils, none of the foregoing containing cannabis, thc, or cbd except as specifically allowed under federal law
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 030:  Confectionary made of sugar, namely, lollipops, candies, and chocolates; syrup flavorings to be added to food or beverages; honey sticks to be added to food or beverages; gummy candies; none of the foregoing containing cannabis, thc, or cbd except as specifically allowed under federal law,
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

       International Class 034:  Smoking and electronic cigarette apparatuses, namely cartridges of herbal hemp containing trace amounts of cbd derived solely from the mature stalks and sterilized seeds of the industrial hemp plant; hemp herbs for smoking; pre-rolled smoking and electronic cigarette apparatuses, namely cartridges of herbal hemp flowers; all of which are derived solely from the mature stalks and sterilized seeds of the industrial hemp plant; none of the foregoing containing cbd except as specifically allowed under federal law

In International Class 034, 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 01/23/2018, and first used in commerce at least as early as 01/23/2018, 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) website pages and photos of product.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-12110249226-20190306134135578963_._Website_pages.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The applicant's current Attorney Information:
      John Cyril Malloy, III and Jennie S. Malloy (a member of the Bar of the State of Florida), Peter A. Matos (a member of the Bar of the State of Florida), John Fulton, Jr. (a member of the Bar of the State of Florida), Oliver A. Ruiz (a member of the Bar of the State of Florida), Meredith Frank Mendez (a member of the Bar of the State of Florida), William John Eagan (a member of the Bar of the State of Florida), David Roncayolo (a member of the Bar of the State of Florida), Jessica Neer McDonald (a member of the Bar of the State of Florida), Jonathan Woodard (a member of the Bar of the State of Florida), and Mary Beth Hasty (a member of the Bar of the State of Florida), of Malloy & Malloy, P.L.      2800 S,W, 3rd Avenue
      Miami, Florida 33129
      United States
      305-858-8000(phone)
      305-858-8000(fax)
      Trademarks@malloylaw.com (authorized)
The attorney docket/reference number is 8783.40075.

The applicant's current Correspondence Information:

John Cyril Malloy, III

Malloy & Malloy, P.L.

2800 S,W, 3rd Avenue

Miami, Florida 33129

305-858-8000(phone)

305-858-8000(fax)

jcmalloy@malloylaw.com;Trademarks@malloylaw.com; Filing@malloylaw.com; mhasty@malloylaw.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: /John Cyril Malloy, III/   Date: 03/06/2019
Signatory's Name: John Cyril Malloy, III
Signatory's Position: Attorney of record, Florida bar member
Payment Sale Number: 88328406
Payment Accounting Date: 03/07/2019

Serial Number: 88328406
Internet Transmission Date: Wed Mar 06 16:43:12 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201903061643120
35715-88328406-62091ddf6909c15ae1786ebdd
eab3145e769af94037f3c345b842f923d0dfcaa5
-CC-3726-20190306163020065846