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: 88883839

Filing Date: 04/23/020

To the Commissioner for Trademarks:

MARK: POPEYES (Standard Characters, see mark)
The literal element of the mark consists of POPEYES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Popeyes Louisiana Kitchen, Inc., a corporation of Minnesota, having an address of
      5707 Blue Lagoon Drive
      Miami, Florida 33126
      United States
      XXXX

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 029:  Chicken and seafood; prepared meals consisting mainly of chicken or seafood; garden salads; prepared beans; prepared vegetables; and pickled vegetables, all for use by company wholly-owned or franchised restaurants in the preparation or sale of food items on the premises for consumption on or off the premises

In International Class 029, 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 03/01/1972, and first used in commerce at least as early as 04/01/1974, 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) photo image of container for the goods.

Original PDF file:
SPE0-1214420254-20200422140904376509_._POPEYES.SPEC.29.2020.PDF
Converted PDF file(s) (1 page)
Specimen File1

International Class 030:  Chicken sandwiches; seafood sandwiches; rice; coffee; tea; biscuits; desserts, namely, pies, pastries and doughnuts; and condiments, namely pickle relish and sandwich relish; mustard; ketchup; mayonnaise; salad dressings, all for use by company wholly-owned or franchised restaurants in the preparation or sale of food items on the premises for consumption on or off the premises

In International Class 030, 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 03/01/1972, and first used in commerce at least as early as 04/01/1974, 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) photo images of containers for the goods.

Original PDF file:
SPE0-1214420254-20200422140904376509_._POPEYES.SPEC.30.2020.PDF
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1214420254-20200422140904376509_._SWEET.HEAT.SPEC.2020.PDF
Converted PDF file(s) (1 page)
Specimen File1

International Class 035:  Franchising services; on-line ordering services in the field of restaurant take-out and delivery

In International Class 035, 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 01/01/1974, and first used in commerce at least as early as 01/01/1974, 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) web page offering the services.

Original PDF file:
SPE0-1214420254-20200422140904376509_._POPEYES.SPEC.35.2020.PDF
Converted PDF file(s) (1 page)
Specimen File1

International Class 043:  Restaurant services, restaurant carryout and delivery services, restaurant catering services

In International Class 043, 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 03/01/1972, and first used in commerce at least as early as 04/01/1974, 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) photo image of signage attached to the restaurant.

Original PDF file:
SPE0-1214420254-20200422140904376509_._POPEYES.SPEC.43.2020.PDF
Converted PDF file(s) (1 page)
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1021254, 1030944, 1552225, and others.


For informational purposes only, applicant's website address is: http://www.popeyes.com

The owner's/holder's proposed attorney information: Christiane S. Campbell. Other appointed attorneys are All Duane Morris Attorneys. Christiane S. Campbell of Duane Morris 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
      Suite 2000
      1075 Peachtree Street
      Atlanta, Georgia 30309
      United States
      215-979-1817(phone)
      404-253-6901(fax)
      tdmkatlanta@duanemorris.com
The docket/reference number is E4833-09888.
Christiane S. Campbell 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:

Christiane S. Campbell

PRIMARY EMAIL FOR CORRESPONDENCE: tdmkatlanta@duanemorris.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ccampbell@duanemorris.com; ipdocketing@duanemorris.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 $1100 has been submitted with the application, representing payment for 4 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: /mkeusch/   Date: 04/23/2020
Signatory's Name: Michele Lara Keusch
Signatory's Position: Assistant Secretary
Payment Sale Number: 88883839
Payment Accounting Date: 04/23/2020

Serial Number: 88883839
Internet Transmission Date: Thu Apr 23 08:36:07 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020042308360719
1160-88883839-710f4c690cb8645c636119cc37
afe8c1448fe44ca0818f1496ce49e53e9bc4e4fd
-DA-36064881-20200422140904376509