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: 88467571

Filing Date: 06/11/2019

To the Commissioner for Trademarks:

MARK: CRACKER BARREL OLD COUNTRY STORE (stylized and/or with design, see mark)

The mark in your application is CRACKER BARREL OLD COUNTRY STORE.
The applicant is not claiming color as a feature of the mark. The mark consists of a gentleman with one arm resting on a barrel in a kidney bean shape, to the man's right is the stylized wording "CRACKER BARREL OLD COUNTRY STORE" which appears inside of the kidney bean shape.
The applicant, CBOCS Properties, Inc, a corporation of Michigan, having an address of
      39111 W. Six Mile Road
      Livonia, Michigan 48152
      United States
      kathy.przywara@dinsmore.com (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 021:  Dinnerware

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 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/01/2017, and first used in commerce at least as early as 08/01/2017, 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) photo of the mark on the back of dinerware.

Original PDF file:
SPE0-1-661926434-20190610142857615222_._CBOCS_logo_on_dinnerware_IMG_7333.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3684215, 5388142, and 5602046.


The applicant's current Attorney Information:
      Kathryn Przywara and Lynda Roesch, Karen Gaunt, Leanthony Edwards, Michael Wheeler, Ashley Earle, Govinda Davis of Dinsmore & Shohl, LLP
      Suite 1900
      255 E. Fifth Street
      Cincinnati, Ohio 45202
      United States
      513-977-8200(phone)
      513-977-8141(fax)
      kathy.przywara@dinsmore.com (authorized)
The attorney docket/reference number is 9416-500.

The applicant's current Correspondence Information:

Kathryn Przywara

Dinsmore & Shohl, LLP

Suite 1900       255 E. Fifth Street

Cincinnati, Ohio 45202

513-977-8200(phone)

513-977-8141(fax)

kathy.przywara@dinsmore.com;trademarks@dinsmore.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: /S. Victoria Harvey/   Date: 06/10/2019
Signatory's Name: S. Victoria Harvey
Signatory's Position: President
Payment Sale Number: 88467571
Payment Accounting Date: 06/11/2019

Serial Number: 88467571
Internet Transmission Date: Tue Jun 11 07:40:02 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20190611074002019
176-88467571-620dfe2dd5265a03718fd8e1ed5
a1dc83cb33150c69d759f23f69f1194345de8ab-
CC-8124-20190610142857615222