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: 88923899

Filing Date: 05/19/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) light green, yellow, purple, orange, blue, white, and black is/are claimed as a feature of the mark. The mark consists of a yellow happy face design outlined in black and filled in yellow, with white and black eyes and yellow eyelids, a black smirking smile, and showing a hand filled in yellow and outlined in black shaped in a peace sign on the left side of the happy face. On the forehead of happy face is a bandanna outlined in black and filled in purple, and containing a partial peace symbol outlined in black and filled in orange, and two partial flowers outlined in black and filled in blue and orange, with one flower on each side of the peace sign. On top of the happy face and above the bandanna is light green hair reminiscent of grass.
The applicant, Arthur O'Donnell, a citizen of United States, having an address of
      123 Wood Crest
      League City, Texas 77573
      United States
      713-297-1300(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 001:  Fertilizers; Soil amendments

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 001, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/31/2018, and first used in commerce at least as early as 03/31/2018, 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) the mark used on applicant's website advertising its product.
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 044:  Lawn care

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 044, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/31/2018, and first used in commerce at least as early as 03/31/2018, 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) the mark used on applicant's website advertising its lawn care services.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5895131.

For informational purposes only, applicant's website address is: http://hippiefertilizing.com/
The owner's/holder's proposed attorney information: Jason B Keith. Jason B Keith of Keith Law, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 180-211
      2323 Clear Lake City Blvd.
      Houston, Texas 77062
      United States
      713-364-2210(phone)
      JASONBKEITH@GMAIL.COM

Jason B Keith 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:

Jason B Keith

PRIMARY EMAIL FOR CORRESPONDENCE: JASONBKEITH@GMAIL.COM        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jason@keith.law 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 $450 has been submitted with the application, representing payment for 2 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: /Jason B. Keith/   Date: 05/19/2020
Signatory's Name: Jason B. Keith
Signatory's Position: Attorney of record, Texas Bar member
Signatory's Phone Number: 713-364-2210
Payment Sale Number: 88923899
Payment Accounting Date: 05/19/2020

Serial Number: 88923899
Internet Transmission Date: Tue May 19 19:20:47 ET 2020
TEAS Stamp: USPTO/FTK-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200519192047531116-88923899-7
103d42d82937ce28ea4384abeb2169d024eae964
aef490a1843ac02278514ffb-CC-20462395-202
00519191751249462