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: 90027898

Filing Date: 06/30/020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The mark consists of the stylized letters "EV's" appearing above a bow tie. "BLACK TIE" appears in bold to the right of the stylized "EV's", and the word "MARKETPLACE" is below the words "BLACK TIE." The stylized "EV's" and bowtie components are separated from BLACK TIE MARKETPLACE by a vertical line.
The applicant, Darden Concepts, Inc., a corporation of Delaware, having an address of
      1000 Darden Center
      Orlando, Florida 32837
      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:  Retail store services featuring high-quality meats, seafood, beverages, prepared foods and meal kits for consumption off premises; On-line retail store services featuring high-quality meats, seafood, beverages, prepared foods and meal kits for in-store order pickup
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 043:  Café services; Provision of food and drink in restaurants; Restaurant services, namely, providing of food and beverages for consumption on and off the premises; Restaurant and bar services; Restaurants featuring home delivery; Take-out restaurant services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section 1051(b)).



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4166099 and 2499126.


The owner's/holder's proposed attorney information: Jami A. Gekas. Other appointed attorneys are China Smith, AJ Schumacher and all other attorneys of Foley & Lardner LLP. Jami A. Gekas of Foley & Lardner 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 3000
      321 North Clark Street
      Chicago, Illinois 60654-4762
      United States
      312-832-4500(phone)
      312 832-4700(fax)
      ipdocketing@foley.com
The docket/reference number is 11455-3021.
Jami A. Gekas 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:

Jami A. Gekas

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocketing@foley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jgekas@foley.com; jrodriguez@foley.com; smunoz@foley.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 $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: /easton Jill/   Date: 06/30/2020
Signatory's Name: Jill Easton
Signatory's Position: Senior Associate Counsel, Darden
Signatory's Phone Number: /407/245-4803/
Payment Sale Number: 90027898
Payment Accounting Date: 06/30/2020

Serial Number: 90027898
Internet Transmission Date: Tue Jun 30 10:04:16 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XX.XX.X-202006301004165362
26-90027898-7101e539f1f1bdbca92a1e949b2c
e4f4be5f37ac33905521f2734556d5a23b35-CC-
04145195-20200624100303260980