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: 88710860

Filing Date: 11/30/2019

To the Commissioner for Trademarks:

MARK: TOTEM POLE (stylized and/or with design, see mark)
The literal element of the mark consists of TOTEM POLE. The color(s) black, white, blue, and purple is/are claimed as a feature of the mark. The mark consists of an upside-down purple triangle face with a black bar atop, extending beyond the base on both ends, forming a flat hat of the totem pole face, the latter features comprised of two upside-down letters L, positioned back to back, and centered, forming a letter T. The symbolic arms of the totem pole, on either side, are purple and blue rectangular shapes, with ends cut at 45 degree angles, on the top and bottom, respectively, of a black rectangle which juts from behind the triangle and which is cut on the ends at a 45-degree angle; the three give the alternative appearance of a multi-colored bow. The ribbons together form the shoulders and arms forming another letter T, above a thick trunk with two notches on both sides; the trunk of the totem pole has blue vertical stripes on both sides of a center stripe of purple, emanating from the purple shield and forming the base of the otherwise black, thick totem pole. The word "Totem" is purple in color and the word "Pole" is in black and are side by side with a space in between, which letters span from the edge of the black extended arm of the totem pole on either side below the purple thin narrow line comprising the feet of the totem pole.
The applicant, Turner, Don, F., DBA Totem Pole, a sole proprietorship legally organized under the laws of California, comprising of Don F. Turner, II, having an address of
      5621 Mary Lane Drive
      San Diego, California 92115
      United States
      661-433-2941(phone)
      vltesq@me.com

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 009:  Downloadable augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of private communication at concert events
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)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 038:  Text messaging services; Text and numeric wireless digital messaging services; Broadcast communication services, namely, transmitting e-mails, faxes, text messages and telephone voice messages to designated recipients for others
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)).



Disclaimer
No claim is made to the exclusive right to use TOTEM POLE apart from the mark as shown.


The applicant hereby appoints Virginia L. Towler, Esq.. Virginia L. Towler, Esq. of Virginia L. Towler, Esq., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      23 Clearwater Dr.
      Dover, New Hampshire 03820
      United States
      603-740-1991(phone)
      vltesq@me.com (authorized).

Virginia L. Towler, Esq. 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:

Virginia L. Towler, Esq.

Virginia L. Towler, Esq.

23 Clearwater Dr.

Dover, New Hampshire 03820

603-740-1991(phone)

vltesq@me.com; ginnytowler@me.com; donturner@totempoleapp.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: /Virginia L. Towler/   Date: 11/30/2019
Signatory's Name: Virginia L. Towler
Signatory's Position: Attorney of Record
Signatory's Phone Number: 603-740-1991
Payment Sale Number: 88710860
Payment Accounting Date: 12/02/2019

Serial Number: 88710860
Internet Transmission Date: Sat Nov 30 14:58:57 EST 2019
TEAS Stamp: USPTO/FTK-XXXX:XXX:XXXX:XXX:XXXX:XXXX:XX
XX:XXXX-20191130145857059588-88710860-70
045bed8f87dbe499243da1fa3d179a88ac267836
317648f69cbf87923bd58648-CC-58549803-201
91130141023296365