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: 90020888

Filing Date: 06/25/020

To the Commissioner for Trademarks:

MARK: STELLIS AEQUUS DURANDO (stylized and/or with design, see mark)
The literal element of the mark consists of STELLIS AEQUUS DURANDO. The applicant is not claiming color as a feature of the mark. The mark consists of a graphic design consisting of an inner circle surrounded by multiple concentric circles and circular rings. The inner circle contains a skull and cross bones design with an Ouroboros in the nature of an encircled snake or serpent intertwined between the cross bones and circling behind the skull. Positioned above the skull is a star. The skull and cross bones, Ouroboros, and star are superimposed in front of a series of adjacent quadrilateral shapes positioned to appear as rays emanating from behind the skull and cross bones. These graphic designs upon the inner circle of the mark are positioned above a fanciful representation of clouds which are positioned above the Greek alphabet letters PHI KAPPA SIGMA. Positioned around the sides and top of one of the circular rings is the Latin phrase STELLIS AEQUUS DURANDO and wrapped around the bottom portion of that circular ring is a fanciful representation of a belt with an ornamental belt buckle.
The applicant, Phi Kappa Sigma Fraternity, Inc, AKA Phi Kappa Sigma, a corporation of Pennsylvania, having an address of
      716 Adams Street, Suite A
      Carmel, Indiana 46032
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Association services, namely, organizing chapters of a fraternity and promoting the interests of the members thereof

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 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 00/00/1950, and first used in commerce at least as early as 00/00/1950, 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) Print-out of Internet webpage bearing the mark in association with promoting the services.

Original PDF file:
SPE0-64191130170-20200625141413418041_._Phi_Kappa_Sigma___Chapter_Sealpdf.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2515036, 2529662, 3351610, and others.

Translation
The English translation of STELLIS AEQUUS DURANDO in the mark is EQUAL TO THE STARS IN ENDURANCE.


The owner's/holder's proposed attorney information: Jack A. Wheat. Other appointed attorneys are Peter J. Rosene. Jack A. Wheat of McBRAYER PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      500 West Jefferson Street, Suite 2400
      Louisville, Kentucky 40202
      United States
      502-327-5400 x2308(phone)
      jwheat@mcbrayerfirm.com
The docket/reference number is PH047-000PH.
Jack A. Wheat 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:

Jack A. Wheat

PRIMARY EMAIL FOR CORRESPONDENCE: jwheat@mcbrayerfirm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arivers@mcbrayerfirm.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: /David Wolf/   Date: 06/25/2020
Signatory's Name: David Wolf
Signatory's Position: Executive Director
Payment Sale Number: 90020888
Payment Accounting Date: 06/25/2020

Serial Number: 90020888
Internet Transmission Date: Thu Jun 25 15:41:17 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202006251541174
25530-90020888-7101cc156beb4e53c932f6962
981ecc9a94a87bc9ec1af0bad6db1cf9f663fd6-
CC-41154573-20200625141413418041