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: 88668459

Filing Date: 10/25/2019

To the Commissioner for Trademarks:

MARK: earthly (stylized and/or with design, see mark)
The literal element of the mark consists of earthly. The color(s) green is/are claimed as a feature of the mark. The mark consists of a stylized version of the word "earthly" in green lower case font with a green globe shape design partially encircling the letter 'e' in the word "earthly", where the letter 'e' is positioned in the lower right corner of the green globe shape design, and a green stem and leaf design partially encircles the green globe shape design on the left side of the green globe shape design, where the stem starts below the bottom of the green globe shape design and runs around the left side and two leafs protrude from the stem above the top left of the green globe shape design.
The applicant, Earthly World LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      11332 Fountaingrove Drive
      Charlotte, North Carolina 28262
      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 018:  Tote bags

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 018, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/21/2018, and first used in commerce at least as early as 10/21/2018, 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) photos of tote bags with the applied for mark on the sides and on hang tags attached thereto.
Specimen File1
Specimen File2

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 021:  Bowls; Dishes; Plates; Compostable and biodegradable plates, bowls, cups and trays

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 10/21/2018, and first used in commerce at least as early as 10/21/2018, 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) photo of plates in packaging bearing applied for mark.
Specimen File1




The applicant hereby appoints Jeffrey C. Watson. Jeffrey C. Watson of Grell & Watson Patent Attorneys LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      3911 Carmel Acres Dr.
      Charlotte, North Carolina 28226
      United States
      704-625-7747(phone)
      678-373-4746(fax)
      angela@gwpatent.com (authorized).
The attorney docket/reference number is 44239-TA.
Jeffrey C. Watson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Jeffrey C. Watson

Grell & Watson Patent Attorneys LLC

2796 Soulier Street

Pittsburgh, Pennsylvania 15227

704-625-7747(phone)

678-373-4746(fax)

angela@gwpatent.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant or 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 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 $450 has been submitted with the application, representing payment for 2 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: /Duyen Tran 1/   Date: 10/24/2019
Signatory's Name: Duyen Tran
Signatory's Position: Owner
Signatory's Phone Number: 980-228-0774
Payment Sale Number: 88668459
Payment Accounting Date: 10/25/2019

Serial Number: 88668459
Internet Transmission Date: Fri Oct 25 09:31:07 EDT 2019
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XXX-201910250931074
86349-88668459-6109c544c018ce6e901e32622
5a021fa471e2e9575eeaba25c821a12224c10-CC
-31063153-20191022183725881093