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: 88375573

Filing Date: 04/08/2019

To the Commissioner for Trademarks:

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

The applicant, Froggy's Fog LLC, a limited liability company legally organized under the laws of Tennessee, having an address of
      302 Rutherford Lane
      Columbia, Tennessee 38401
      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 011:  Special effects machines, namely, smoke and fog generating machines for creating special theatrical effects; fog machines; water-based fog machines; upshot fog machines

In International Class 011, 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 11/13/2017, and first used in commerce at least as early as 11/13/2017, 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) photographs of the goods and a screenshot from Applicant's website of a point of purchase page for the goods where a purchaser can add the goods to a shopping cart and proceed to purchase the goods, and with the mark clearly visible in close proximity to a photograph of the goods.

Original PDF file:
SPE0-2442138210-20190329175314394201_._specimen_of_use.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


The applicant's current Attorney Information:
      David W. Holt and Frank M. Caprio, Stephen H. Hall, Angela Holt, Jeremy A. Smith, Denniz Nunez, Ryan J. Letson of Bradley Arant Boult Cummings LLP
      Suite 900
      200 Clinton Avenue West
      Huntsville, Alabama 35801
      United States
      256-517-5191(phone)
      256-517-5291(fax)
      dholt@bradley.com (authorized)
The attorney docket/reference number is 209300401006.

The applicant's current Correspondence Information:

David W. Holt

Bradley Arant Boult Cummings LLP

Suite 900       200 Clinton Avenue West

Huntsville, Alabama 35801

256-517-5191(phone)

256-517-5291(fax)

dholt@bradley.com;wbabcock@bradley.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: /Christopher Markgraf/   Date: 04/05/2019
Signatory's Name: Chris Markgraf
Signatory's Position: Partner-Owner
Payment Sale Number: 88375573
Payment Accounting Date: 04/08/2019

Serial Number: 88375573
Internet Transmission Date: Mon Apr 08 12:05:19 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2019040812051941
1179-88375573-620f473519bd6fcaae49225965
1b9d22a7cc25c32caa518b4be37bff2faf50f6-C
C-12021-20190404121602054475