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: 88722538

Filing Date: 12/11/2019

To the Commissioner for Trademarks:

MARK: THE BROTHERHOOD D (stylized and/or with design, see mark)
The literal element of the mark consists of THE BROTHERHOOD D. The applicant is not claiming color as a feature of the mark. The mark consists of the words THE BROTHERHOOD above a D, all in stylized font, surrounded by a shield design covered in curved lines reminiscent of the seams of a basketball. In the center of the 'D' is the graphical image of a basketball above a basketball net.
The applicant, Duke University, a non-profit corporation legally organized under the laws of North Carolina, having an address of
      310 Blackwell Street, 4th Floor
      Durham, North Carolina 27701
      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 025:  Tops as clothing

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 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 08/19/2016, and first used in commerce at least as early as 08/19/2016, 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 t-shirts featuring the mark.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Organizing sporting events, namely, basketball games and exhibitions

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 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 11/12/2016, and first used in commerce at least as early as 11/12/2016, 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) Images showing the mark on display during basketball game.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1703029 and 1707766.


The applicant hereby appoints Vedia Jones-Richardson. Other appointed attorneys are Susan Freya Olive, A. Jose Cortina, Brian J. Crews, David McKenzie. Vedia Jones-Richardson of Olive & Olive, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      500 Memorial Street
      Durham, North Carolina 27701
      United States
      919-683-5514(phone)
      emailboxtm@oliveandolive.com (authorized).
The attorney docket/reference number is DUKU2007.
Vedia Jones-Richardson 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:

Vedia Jones-Richardson

Olive & Olive, P.A.

500 Memorial Street

Durham, North Carolina 27701

919-683-5514(phone)

emailboxtm@oliveandolive.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: /Kate S. Hendricks/   Date: 12/10/2019
Signatory's Name: Kate S. Hendricks
Signatory's Position: Deputy University Counsel
Payment Sale Number: 88722538
Payment Accounting Date: 12/11/2019

Serial Number: 88722538
Internet Transmission Date: Wed Dec 11 08:00:36 EST 2019
TEAS Stamp: USPTO/FTK-XX.XX.XX.XX-201912110800361779
02-88722538-7004952f136a06488b0ba4d9582d
b58da773436fddd6144733233411c67db7bdb24-
DA-00354993-20191210084027368436