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: 90035421

Filing Date: 07/03/020

To the Commissioner for Trademarks:

MARK: COLORADO KERNELS POPCORN DELIGHTS (stylized and/or with design, see mark)
The literal element of the mark consists of COLORADO KERNELS POPCORN DELIGHTS. The applicant is not claiming color as a feature of the mark. The mark consists of a rugged outline of a mountain range, above which appear the stylized literal elements "COLORADO KERNELS" arranged in an arc to follow the rough outline of the mountain peaks. Suspended above are five popcorn kernels. The stylized literal elements POPCORN DELIGHTS appear at the below.
The applicant, Colorado Kernels, Inc., a corporation of Colorado, having an address of
      2748 Janitell Rd.
      Colorado Springs, Colorado 80906
      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 030:  Popcorn; Kettle corn; Caramel popcorn; Caramel-coated popcorn; Chocolate covered popcorn; Gift baskets containing popcorn; Popped popcorn; Seasoned popcorn

In International Class 030, 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 05/12/2005, and first used in commerce at least as early as 05/12/2005, 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) screenshots taken July 2, 2020 of applicant's online retail store at http://www.coloradokernels.com/ showing applicant's goods available for purchase.
Specimen File1
Specimen File2
Specimen File3




The owner's/holder's proposed attorney information: Ryan Bethell. Ryan Bethell of The Ideas Law Firm, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      975 E Dava Drive
      Tempe, Arizona 85283
      United States
      833-863-5483(phone)
      ryan@trademarkelite.com
The docket/reference number is 54116.
Ryan Bethell 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:

Ryan Bethell

PRIMARY EMAIL FOR CORRESPONDENCE: ryan@trademarkelite.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@trademarkelite.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 $275 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: /rb/   Date: 07/03/2020
Signatory's Name: Bethell, Ryan
Signatory's Position: Attorney of Record
Payment Sale Number: 90035421
Payment Accounting Date: 07/06/2020

Serial Number: 90035421
Internet Transmission Date: Fri Jul 03 19:17:41 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20200703191741086898-90035421-7
1019c2219bfe4ec25c9ca79c8839f8a21d288d96
42566b29c33b8c609072e81f-CC-17392495-202
00703130117432388