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)

---

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: 88746281

Filing Date: 01/03/2020

To the Commissioner for Trademarks:

MARK: MM (stylized and/or with design, see mark)
The literal element of the mark consists of MM. The applicant is not claiming color as a feature of the mark. The mark consists of a shield overlaying a sword, wherein the shield contains the letter M on the left side of the shield and the letter M on the right side of the shield, with a cross pattee forming the hilt of the sword extending from the upper portion of the shield and the tip of the sword extending from the lower portion of the shield.
The applicant, Mount Marty College, Incorporated, DBA Mount Marty College, a non-profit corporation legally organized under the laws of South Dakota, having an address of
      1105 W 8th Street
      Yankton, South Dakota 57078
      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:

International Class 041:  Educational services in a variety of fields in the college context, namely, providing classes and courses at the undergraduate and graduate level; and Entertainment services, namely, arranging, conducting, and participating in collegiate athletic and collegiate sporting events and competitions.

In International Class 041, 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 07/01/2019, and first used in commerce at least as early as 07/01/2019, 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) Screen shots from Applicant's website and photo of signage on basketball court..
Specimen File1
Specimen File2
Specimen File3

International Class 025:  Clothing, namely, shirts, sweatshirts, jackets, headwear, ties, pants, shorts, socks, infantwear, and sweaters.

In International Class 025, 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 07/01/2019, and first used in commerce at least as early as 07/01/2019, 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) Photos of the goods..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5




The applicant hereby appoints Joel E Engel III. Joel E Engel III, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      300 S. Phillips Ave. Suite 300
      Sioux Falls, South Dakota 57104
      United States
      605-336-3890(phone)
      joel.engel@woodsfuller.com (authorized).

Joel E Engel III 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:

Joel E Engel III

300 S. Phillips Ave. Suite 300

Sioux Falls, South Dakota 57104

605-336-3890(phone)

joel.engel@woodsfuller.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: /Joel E Engel III/   Date: 01/03/2020
Signatory's Name: Joel E Engel III
Signatory's Position: Attorney of Record, South Dakota bar member
Payment Sale Number: 88746281
Payment Accounting Date: 01/03/2020

Serial Number: 88746281
Internet Transmission Date: Fri Jan 03 15:07:39 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020010315073924
6089-88746281-700d13c4f38961ab4c7404e590
488f519b85db73669c6687dda3aad59f8325154-
CC-07377592-20200103150556178647