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: 88680852

Filing Date: 11/05/2019

To the Commissioner for Trademarks:

MARK: STARS (stylized and/or with design, see mark)
The literal element of the mark consists of STARS. The applicant is not claiming color as a feature of the mark. The mark consists of the work "STARS" with a star design at a 45 degree angle after the last letter of the word "STARS" and centered beneath it, a hamburger on a bun.
The applicant, Stars Holdings Ltd, a company organized under the laws of United Kingdom, having an address of
      3 Greengate Cardale Park, Harrogate
      North Yorkshire HG31GY
      England

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 029:  meat, burgers, vegetable burgers; hamburger sandwiches; fish sandwiches; chicken sandwiches; veggie burger sandwiches; breakfast sandwiches; hot sandwiches; burritos; sandwiches; wrap sandwiches; burgers contained in bread rolls; French toast; pancakes; condiments, namely pickle relish and sandwich relish; mustard; ketchup; mayonnaise; salad dressings; oatmeal; cinnamon rolls, doughnuts; pies; desserts consisting primarily of ice cream or ice milk and including a variety of customer-selected toppings, namely, coffee flavored syrup, cookie crumbs, cake, marshmallow topping, and flavored, prepared and processed nuts; ice cream, ice milk and frozen yogurt; all of the foregoing sold in restaurants for consumption on or off the premises
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number 3441574, filed 11/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 043:  services of providing food and drink; cafe and coffee bar services; food and drink preparation services; food and drink take-out restaurant services; restaurant services; fast-food restaurant services; quick service restaurant services; self-service restaurant services; snack bars, restaurant and bar services including take-out; providing prepared meals; preparation of food or meals for consumption on or off the premises
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on United Kingdom application number 3441574, filed 11/04/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.





The applicant hereby appoints David A.W. Wong. Other appointed attorneys are All attorneys at law with the law firm. David A.W. Wong of Barnes & Thornburg LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      11 South Meridian Street
      Indianapolis, Indiana 46204-3535
      United States
      317-236-1313(phone)
      317-231-7433(fax)
      dwong@btlaw.com (authorized).
The attorney docket/reference number is STARSH-PEND.
David A.W. Wong 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:

David A.W. Wong

Barnes & Thornburg LLP

11 South Meridian Street

Indianapolis, Indiana 46204-3535

317-236-1313(phone)

317-231-7433(fax)

dwong@btlaw.com; TMINDocket@btlaw.com; cbrinson@btlaw.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 $550 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: /dwong/   Date: 11/05/2019
Signatory's Name: David A.W. Wong
Signatory's Position: Attorney of record, Indiana Bar member
Payment Sale Number: 88680852
Payment Accounting Date: 11/05/2019

Serial Number: 88680852
Internet Transmission Date: Tue Nov 05 15:56:05 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019110515560517
2044-88680852-700bbf726a831922f2c9fb2911
69326efce3431094832a2ccb6a909df30ceee-CC
-56032997-20191105142715154907