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: 88811386

Filing Date: 02/26/020

To the Commissioner for Trademarks:

MARK: TOP PAW (Standard Characters, see mark)
The literal element of the mark consists of TOP PAW. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, PetSmart Home Office, Inc., a corporation of Delaware, having an address of
      19601 N. 27th Avenue
      Phoenix, Arizona 85027
      United States
      623-587-2512(phone)
      ip@petsmart.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:

International Class 018:  Pet supplies, namely, pet restraining devices consisting of harnesses, restraining straps

In International Class 018, 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 08/27/2005, and first used in commerce at least as early as 08/27/2005, 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) photographs of products.
Specimen File1
Specimen File2

International Class 018:  Pet clothing, pet clothing incorporating LEDs

In International Class 018, 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 09/30/2019, and first used in commerce at least as early as 09/30/2019, 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 webpage displaying product.
Specimen File1

International Class 018:  Dog muzzle

In International Class 018, 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 10/08/1995, and first used in commerce at least as early as 10/08/1995, 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) photograph of product.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1834630, 4627211, and 4587339.


The owner's/holder's proposed attorney information: Diana Hawken. Diana Hawken of PetSmart, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      19601 N. 27th Avenue
      Phoenix, Arizona 85027
      United States
      623-587-2512(phone)
      dhawken@petsmart.com
The docket/reference number is TM-20-014-US.
Diana Hawken 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:

Diana Hawken

PRIMARY EMAIL FOR CORRESPONDENCE: dhawken@petsmart.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@petsmart.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Diana Hawken/   Date: 02/26/2020
Signatory's Name: Hawken, Diana
Signatory's Position: IP Counsel
Payment Sale Number: 88811386
Payment Accounting Date: 02/26/2020

Serial Number: 88811386
Internet Transmission Date: Wed Feb 26 14:06:19 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202002261406197
78622-88811386-7104264e4b3b56abd372c5aed
723a62d8f6c9af7db4023393139e296862916dd8
c-DA-06191339-20200226123801111874