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: 90083580

Filing Date: 07/30/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) orange (Pantone 1595 C) is/are claimed as a feature of the mark. The mark consists of the color orange (Pantone 1595 C) as applied to packaging for the goods and services. The dotted lines depict placement of the mark and are not part of the mark.
The applicant, Traeger Pellet Grills, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      #200
      1215 E. Wilmington Ave.
      Salt Lake City, Utah 84106
      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 009:  Downloadable mobile application software featuring information and instructional articles related to cooking, grilling, and culinary skills; downloadable mobile application software for viewing recipes; downloadable mobile application for operating network-enabled cooking devices, namely, network-enabled grills and thermometers

In International Class 009, 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 10/01/2016, and first used in commerce at least as early as 10/01/2016, 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) webpage for downloading mobile application.

Original PDF file:
SPE0-209436781-2020073013 3233980069_._ORANGE_-_cla ss_9_specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 011:  Barbecue grills; barbecue smokers; grill accessories, namely, cooking racks

In International Class 011, 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 10/01/2016, and first used in commerce at least as early as 10/01/2016, 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) photos of product packaging and webpages showing the mark in use in commerce on Class 11 goods.

Original PDF file:
SPE0-209436781-2020073013 3233980069_._ORANGE_-_cla ss_11_specimen.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10



SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-209436781-133233980_. _ORANGE_-_class_9_specime n.pdf
Converted PDF file(s) (2 pages)
2(f) evidence-1
2(f) evidence-2
Original PDF file:
e2f-209436781-133233980_. _ORANGE_-_class_11_specim en.pdf
Converted PDF file(s) (10 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4
2(f) evidence-5
2(f) evidence-6
2(f) evidence-7
2(f) evidence-8
2(f) evidence-9
2(f) evidence-10


The owner's/holder's proposed attorney information: Christopher M. Dolan. Christopher M. Dolan of Barnes & Thornburg LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 4400
      One North Wacker Drive
      Chicago, Illinois 60606
      United States
      312-357-1313(phone)
      312-759-5646(fax)
      cdolan@btlaw.com
The docket/reference number is 77611-298434.
Christopher M. Dolan 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:

Christopher M. Dolan

PRIMARY EMAIL FOR CORRESPONDENCE: cdolan@btlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks-ch@btlaw.com; mballesteros@btlaw.com; ckramer@btlaw.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 $550 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: /Christopher M. Dolan/   Date: 07/30/2020
Signatory's Name: Christopher M. Dolan
Signatory's Position: Attorney of record, Illinois Bar member
Payment Sale Number: 90083580
Payment Accounting Date: 07/30/2020

Serial Number: 90083580
Internet Transmission Date: Thu Jul 30 15:37:40 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200730153740359
617-90083580-740f571c5dd2b3de8eb7ecb82d2
44f55bbc72f58ccea234def251927f17063f813-
CC-37398761-20200730145727113832