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: 88709568

Filing Date: 11/27/2019

To the Commissioner for Trademarks:

MARK: ELLA (Standard Characters, see mark)
The literal element of the mark consists of ELLA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, David Austin Roses Limited, a private limited company legally organized under the laws of United Kingdom, having an address of
      Albrighton
      Bowling Green Lane
      Wolverhampton WV73HB
      United Kingdom

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 031:  Living rose plant or parts thereof; and cut flowers

In International Class 031, 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 03/01/2019, and first used in commerce at least as early as 03/01/2019, 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) Screenshot of Applicant website showing use of goods.

Original PDF file:
SPE0-768114258-20191127164830498605_._Ella_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant hereby appoints John W. Peck. Other appointed attorneys are Joel A. Kauth; David J. Bailey; Charles R. Halloran; Brian K. Sung; Bryan K. Adams; Charles A. Thomas; Christian S. Hans; David H. Kaveh; Fay H. Teng; Isaac M. Fine; Paul J. Lee; Mark Yeh. John W. Peck of KPPB 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
      Suite 300
      2190 S. Towne Centre Place
      Anaheim, California 92806
      United States
      949-852-0000(phone)
      9498520004(fax)
      tess@kppb.com (authorized).
The attorney docket/reference number is D4-06566.
John W. Peck 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:

John W. Peck

KPPB LLP

Suite 300       2190 S. Towne Centre Place

Anaheim, California 92806

949-852-0000(phone)

9498520004(fax)

tess@kppb.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: /John W. Peck/   Date: 11/27/2019
Signatory's Name: John W. Peck
Signatory's Position: Attorney of Record, California bar member
Payment Sale Number: 88709568
Payment Accounting Date: 11/27/2019

Serial Number: 88709568
Internet Transmission Date: Wed Nov 27 17:39:16 EST 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20191127173916861
903-88709568-700cdcc1ebe67fc32659e3c8f71
315a2b603a5c881c5515a20ea63fb4c2faeb2-CC
-39152219-20191127164830498605