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: 88859492

Filing Date: 04/03/020

To the Commissioner for Trademarks:

MARK: A[q]uarium at the Boardwalk (stylized and/or with design, see mark)
The literal element of the mark consists of A[q]uarium at the Boardwalk. The color(s) blue, dark blue, light blue, teal, orange, red, yellow, golden yellow, green, grey, black, white, brown is/are claimed as a feature of the mark. The mark consists of the wording "A[Q]UARIUM AT THE BOARDWALK" (capitalized) with a stylized drawing of an octopus instead of the letter "Q" in the word "Aquarium." The octopus has two unevenly-sized eyes (the octopus's right eye drawn in a size approximately 400% the size of the octopus's left eye) and a toothless mouth drawn in the form of a smile. The octopus is mainly in red with shades of orange, brown and has white eyes with pupils in shades of green, black and white. The octopus has wrapped its tentacles around the letters "A," "U," and "A" in the word "Aquarium" and the word "AT". The letter "R" in the word "Aquarium" includes a small yellow fish in place of the blank space in "R". The fish is mainly in yellow with shades of golden yellow, black, and grey. The fish has two eyes of roughly equal size. The eyes are white with green pupils. There are three vertically arranged bubbles (small, large, small) located above the letter "R" which are drawn to appear as if emanating from the fish. The bubbles are mainly in blue with shades of white and light blue. The word "Aquarium" is in stylized letters mainly in blue with shades of dark blue, light blue, white and teal. There is a light blue line running through the middle of the word "Aquarium." There words "At the Boardwalk" are located directly below the word Aquarium, justified right. The word "At" appears below the second "A" of "Aquarium," the word "The" appears below the second "A" and the "R" of "Aquarium" and the word "Boardwalk" appears below the "R," "I," "U," and "M" of "Aquarium." The "A" of "At" is titled approximately 20-30 degrees to the left.
The applicant, Aquarium at the Boardwalk, LLC, a limited liability company legally organized under the laws of Missouri, having an address of
      2700 W 76 Country Blvd.
      Branson, Missouri 65616
      United States
      213-430-2654(phone)
      attractionshq@kuverapartners.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 041:  Amusement park and theme park services; Entertainment services in the nature of an amusement park attraction, namely, a themed area; Providing aquarium facilities to the public

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 08/23/2018, and first used in commerce at least as early as 08/23/2018, 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 taken on 4/3/2020 from the website for the Aquarium at the Boardwalk displaying the use of the mark http://www.aquariumattheboardwalk.com/news/aquarium-at-the-boardwalk-hires-first-afishionado/.
Specimen File1



For informational purposes only, applicant's website address is: www.aquariumattheboardwalk.com
The owner's/holder's proposed attorney information: Natalya Vasyuk. Other appointed attorneys are Anthony Ellrod, Esq.. Natalya Vasyuk of Manning & Kass, Ellrod, Ramirez, Trester 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
      801 S. Figueroa Street, 15th Floor
      Los Angeles, California 90017
      United States
      213-430-2654(phone)
      2136246999(fax)
      ndv@manningllp.com

Natalya Vasyuk 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:

Natalya Vasyuk

PRIMARY EMAIL FOR CORRESPONDENCE: ndv@manningllp.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aje@manningllp.com; nxl@manningllp.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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Natalya Vasyuk/   Date: 04/03/2020
Signatory's Name: Vasyuk, Natalya
Signatory's Position: Attorney of Record
Signatory's Phone Number: 213-430-2654
Payment Sale Number: 88859492
Payment Accounting Date: 04/03/2020

Serial Number: 88859492
Internet Transmission Date: Fri Apr 03 18:15:07 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20200403181507
807859-88859492-710a3e98de21f33b1a93df23
45c194924912d620c921292653da4dbe2269ad6-
CC-15069710-20200403173843164237