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: 88580594

Filing Date: 08/15/2019

To the Commissioner for Trademarks:

MARK: Theo (stylized and/or with design, see mark)
The literal element of the mark consists of Theo. The applicant is not claiming color as a feature of the mark. The mark consists of a cocoa pod representing the letter "O" in the term "THEO". The cocoa pod is attached to a branch which extends to cross the letter "T" in the term "THEO". To the right of the term "THEO" is a brush stroke of paint, on top of which is superimposed two partial pieces of candy and additional food items, such as nuts, salt and fruit.
The applicant, Theo Chocolate Inc., a corporation of Washington, having an address of
      3400 Phinney Ave. N.
      Seattle, Washington 98103
      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 030:  Chocolate, chocolate bars, drinking chocolate, cocoa nibs, chocolate covered fruit, chocolate covered nuts, chocolate covered caramels, molded chocolate, both filled and hollow, chocolate candy, chocolate truffles, baking chocolate bars, and chocolate bites.

In International Class 030, 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 08/07/2019, and first used in commerce at least as early as 08/07/2019, 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) Image of wrapped chocolate bar.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4462104 and 3206998.


The applicant hereby appoints Erin M. Karp. Other appointed attorneys are Erin M. Karp. Erin M. Karp of Cairncross & Hempelmann, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      524 2nd Ave., Suite 500
      Seattle, Washington 98104
      United States
      206-587-0700(phone)
      ekarp@cairncross.com (authorized).

Erin M. Karp submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

Erin M. Karp

Cairncross & Hempelmann

524 2nd Ave., Suite 500

Seattle, Washington 98104

206-587-0700(phone)

ekarp@cairncross.com; trademark@cairncross.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /Erin M. Karp/   Date: 08/15/2019
Signatory's Name: Erin M. Karp
Signatory's Position: Attorney of Record, Washington State bar member
Payment Sale Number: 88580594
Payment Accounting Date: 08/15/2019

Serial Number: 88580594
Internet Transmission Date: Thu Aug 15 16:39:34 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190815163934
419279-88580594-610bb5cf3b9e7b4a91492e9e
c762c36d58b2bb461add87f3ff1d5a76bfd1052-
CC-39339840-20190815163054792540