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: 88920762

Filing Date: 05/18/020

To the Commissioner for Trademarks:

MARK: D (stylized and/or with design, see mark)
The literal element of the mark consists of D. The applicant is not claiming color as a feature of the mark. The mark consists of a capital letter "D" with slash marks through the letter.
The applicant, The Trustees of Davidson College, a non-profit corporation legally organized under the laws of North Carolina, having an address of
      209 Ridge Road
      Davidson, North Carolina 28035
      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 016:  decals; leather binders for office use

In International Class 016, 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 12/12/2011, and first used in commerce at least as early as 12/12/2011, 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 from Applicant's website where customers can purchase the goods.
Specimen File1

International Class 024:  flags, banners, and pennants, all made of cloth; beach towels; bed blankets and throws

In International Class 024, 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 11/02/2009, and first used in commerce at least as early as 11/02/2009, 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 from Applicant's website where customers can purchase the goods.
Specimen File1
Specimen File2

International Class 025:  shirts, t-shirts, sweatshirts, caps, hats, pants, shorts, vests, shoes

In International Class 025, 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 08/01/2011, and first used in commerce at least as early as 08/01/2011, 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 from Applicant's website where customers can purchase the goods.
Specimen File1

International Class 028:  Christmas tree ornaments

In International Class 028, 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 11/10/2011, and first used in commerce at least as early as 11/10/2011, 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 from Applicant's website where customers can purchase the goods.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4535034.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Janet P. Peyton. Other appointed attorneys are Emily S. Voorheis, Mary D. Baril, Darren W. Collins, Robert C. Hilton, Stephanie A. Martinez, Michael A. Shafer, Heidi E. Siegmund, Robin. C. Vance, Christopher J. Verstrate and the law firm. Janet P. Peyton of McGuireWoods 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
      McGuireWoods LLP
      800 East Canal Street
      Richmond, Virginia 23219
      United States
      804-775-1166(phone)
      804-698-2230(fax)
      trademarks@mcguirewoods.com

Janet P. Peyton 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:

Janet P. Peyton

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@mcguirewoods.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jpeyton@mcguirewoods.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: /Sarah M. Phillips/   Date: 05/18/2020
Signatory's Name: Sarah M. Phillips
Signatory's Position: Vice President and General Counsel
Payment Sale Number: 88920762
Payment Accounting Date: 05/18/2020

Serial Number: 88920762
Internet Transmission Date: Mon May 18 11:45:51 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020051811455192
3023-88920762-7103368fbece61dfeefbb43843
0f8e053b9bd6b9b53a1feea1932a29b9b8ff89b-
CC-45500372-20200518084426867189