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: 88789155

Filing Date: 02/07/2020

To the Commissioner for Trademarks:

MARK: STUFFED PUFFS (stylized and/or with design, see mark)
The literal element of the mark consists of STUFFED PUFFS. The applicant is not claiming color as a feature of the mark. The mark consists of stylized shadowed solid lettered word "STUFFED" shown directly atop the stylized puffy lettered word "PUFFS" with outlined edges; all placed to the right of an image of an animated, smiling marshmallow with chocolate squirting out the top, shown with its right hand placed atop the letter "D" of the word "STUFFED" and holding in its left hand an image of a toasted, chocolate-filled marshmallow placed between two graham crackers with a bite taken out.
The applicant, Stuffed Puffs, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2 Park Avenue
      Manhasset, New York 11030
      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 030:  Marshmallows
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)).




The applicant hereby appoints Cheryl L. Burbach. Other appointed attorneys are John M. Collins, Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Joan O. Herman, Kameron D. Kelly, Gregory J. Skoch, Michael Elbein, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Dianne M. Smith-Misemer, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Chris Dawson, Chandler E. Schmidt, Darin McCollum, and Jonathan L. Hines. Cheryl L. Burbach of HOVEY WILLIAMS 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
      10801 Mastin Blvd., Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      9136479057(fax)
      tmdocketing.burbach@hoveywilliams.com (authorized).
The attorney docket/reference number is 53360/7612.
Cheryl L. Burbach 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:

Cheryl L. Burbach

HOVEY WILLIAMS LLP

10801 Mastin Blvd., Suite 1000

Overland Park, Kansas 66210

913-647-9050(phone)

9136479057(fax)

tmdocketing.burbach@hoveywilliams.com; jmashburn@hoveywilliams.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 $225 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: /J Michael Tierney III/   Date: 02/07/2020
Signatory's Name: J Michael Tierney III
Signatory's Position: CEO
Signatory's Phone Number: 5164556033
Payment Sale Number: 88789155
Payment Accounting Date: 02/07/2020

Serial Number: 88789155
Internet Transmission Date: Fri Feb 07 14:36:31 EST 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2020020714363152
2620-88789155-7007030b677b870683496ac7da
d51164d6636a04379a53ba21473df545525af178
-DA-36313435-20200127183229313449