Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: BURGER KING (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88896710


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Burger King Corporation, having an address of
      5707 Blue Lagoon Drive
      Miami, Florida 33126
      United States
      Email: XXXX
Proposed: Burger King Corporation, having an address of
      5707 Blue Lagoon Drive
      Miami, Florida 33126
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 029:
Current identification: Chicken pieces; potato fries; French fried potatoes; hash brown potatoes; garden salads; milk and milk products excluding ice cream, ice milk, and frozen yogurt; milk shakes; milk-based beverages; onion rings; processed apples; whipped topping; jellies; jams; eggs; cheese; mozzarella sticks; pickles; processed onions; prepared meals consisting primarily of meat, fish, and poultry; constituents for meals, namely, beef, chicken, and fish burger patties; plant-based veggie burger patties; all of the foregoing sold in restaurants for consumption on or off the premises

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/03/1969, and first used in commerce at least as early as 01/03/1969, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) webpage screenshot.

Original PDF file:
SPN0-10828179164-20210428 164500422633_._BK_Hamburg er_Refresh_IC_29.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.bk.com/menu/picker-e25ae714-ff81-4d54-922d-d4b7fd40e1e6
Webpage Date of Access: 04/27/2021

For International Class 030:
Current identification: Hamburger sandwiches; fish sandwiches; chicken sandwiches; veggie burger sandwiches; plant-based sandwiches; breakfast sandwiches; hot sandwiches; burritos; sandwiches; wrap sandwiches; burgers contained in bread rolls; French toast; pancakes; condiments, namely, pickle relish and sandwich relish; mustard; ketchup; mayonnaise; salad dressings; oatmeal; cinnamon rolls, doughnuts; pies; desserts consisting primarily of ice cream and ice milk and including a variety of customer-selected toppings, namely, coffee flavored syrup, cookie crumbs, cake, marshmallow topping, and flavored, prepared and processed nuts; milk products, namely, ice cream, ice milk and frozen yogurt; Appetizers, namely, breaded and fried appetizers consisting primarily of macaroni and cheese; all of the foregoing sold in restaurants for consumption on or off the premises

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/03/1969, and first used in commerce at least as early as 01/03/1969, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) webpage screenshot.

Original PDF file:
SPN1-10828179164-20210428 164500422633_._BK_Hamburg er_Refresh_IC_30.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://www.bk.com/menu/picker-picker_5541
Webpage Date of Access: 04/27/2021

For International Class 043:
Current identification: Services of providing food and drink; cafe and coffee bar services; food and drink preparation services; food and drink take-out restaurant services; restaurant services; fast-food restaurant services; quick service restaurant services; providing prepared meals; preparation of food and meals for consumption on or off the premises

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/03/1969, and first used in commerce at least as early as 01/03/1969, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) webpage screenshot.

Original PDF file:
SPN2-10828179164-20210428 164500422633_._BK_Hamburg er_Refresh_IC_43_-_final.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: http://www.bk.com/store-locator
Webpage Date of Access: 04/27/2021
Webpage URL: http://www.bk.com/about-bk
Webpage Date of Access: 04/27/2021
Webpage URL: http://www.bk.com/menu
Webpage Date of Access: 04/27/2021
Webpage URL: http://www.bk.com/
Webpage Date of Access: 04/27/2021

The applicant is not filing a Request to Divide with this Allegation of Use form.
The owner's/holder's current attorney information: N. Christopher Norton. N. Christopher Norton of ARENT FOX LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1717 K STREET, NW
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 034153.

The phone number is 202-857-6000.

The fax number is 202-857-6395.

The email address is TMdocket@arentfox.com

The owner's/holder's proposed attorney information: N. Christopher Norton. Other appointed attorneys are Luna M. Samman; Diana S. Bae. N. Christopher Norton of ARENT FOX 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

      1717 K STREET, NW
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 034153.06658.

The phone number is 202-857-6000.

The fax number is 202-857-6395.

The email address is TMdocket@arentfox.com

N. Christopher Norton 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.Correspondence Information (current):
      N. CHRISTOPHER NORTON
      PRIMARY EMAIL FOR CORRESPONDENCE: TMdocket@arentfox.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lori.tittley@arentfox.com; norton.christopher@arentfox.com; diana.bae@arentfox.com; luna.samman@arentfox.com

The docket/reference number is 034153.
Correspondence Information (proposed):
      N. Christopher Norton
      PRIMARY EMAIL FOR CORRESPONDENCE: TMdocket@arentfox.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): luna.samman@arentfox.com; norton.christopher@arentfox.com; devon.westray@arentfox.com

The docket/reference number is 034153.06658.

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 $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /Carleen Griffith/      Date Signed: 05/03/2021
Signatory's Name: Carleen Griffith
Signatory's Position: Counsel
Signature method: Sent to third party for signature

Mailing Address:
   ARENT FOX LLP
   
   1717 K STREET, NW
   WASHINGTON, District of Columbia 20006

PAYMENT: 88896710
PAYMENT DATE: 05/03/2021

Serial Number: 88896710
Internet Transmission Date: Mon May 03 12:47:24 ET 2021
TEAS Stamp: USPTO/SOU-XXX.X.XX.XX-202105031247240612
58-88896710-78036631875f8e5c8de18502b847
8a0c8c75a54041ef3ecdf763de21730334060-CC
-47202840-20210430121422292158