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: 88506236

Filing Date: 07/09/2019

To the Commissioner for Trademarks:

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


The applicant, Planet Barbecue, Inc., a corporation of Florida, having an address of
      1746 Espanola Drive
      Coconut Grove, Florida 33133
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 043:  Restaurant and bar services; Restaurant services
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. (15 U.S.C. Section 1051(b)).


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3958074 and 3275965.


The applicant's current Attorney Information:
      Kelly Whitehart and Neil C. Jones; Ashley B. Summer of Nelson Mullins Riley & Scaarborough LLP
      301 South College Street, 23rd Floor
      One Wells Fargo Center
      Charlotte, North Carolina 28202
      United States
      404-322-6107(phone)
      ip@nelsonmullins.com (authorized)
The attorney docket/reference number is 55276/09010.

The applicant's current Correspondence Information:

Kelly Whitehart

Nelson Mullins Riley & Scaarborough LLP

301 South College Street, 23rd Floor       One Wells Fargo Center

Charlotte, North Carolina 28202

404-322-6107(phone)

ip@nelsonmullins.com;kelly.whitehart@nelsonmullins.com; elaine.stephenson@nelsonmullins.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: /Kelly Whitehart/   Date: 07/08/2019
Signatory's Name: Kelly Whitehart
Signatory's Position: Attorney of Record, Georgia State Bar - Bar No. 755447
Signatory's Phone Number: 404-322-6107
Payment Sale Number: 88506236
Payment Accounting Date: 07/10/2019

Serial Number: 88506236
Internet Transmission Date: Tue Jul 09 17:18:20 EDT 2019
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20190709171820080
887-88506236-6209d48616f9f39eb439408bcc6
858e8cd3fbef7c210d49496cb73cec14c1b9ac8-
DA-4304-20190708172050469202