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)

---

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: 90135734

Filing Date: 08/25/2020

To the Commissioner for Trademarks:

MARK: CHUCK WAGON (Standard Characters, see mark)
The literal element of the mark consists of CHUCK WAGON. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Brand Squared LLC, DBA Brand Squared Licensing LLC, a limited liability company legally organized under the laws of New York, having an address of
      77 Sands
      77 Sands, Ninth Floor
      Brooklyn, New York 11201
      United States
      917-770-4316(phone)
      3476209706(fax)
      XXXX
Domiciled at: 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 031:  Cat food; Dog food; Food for animals; Foodstuffs for animals; Foodstuffs for animals containing botanical extracts; Foodstuffs for dogs; Foodstuffs for puppies; Pet food; Pet treats in the nature of bully sticks; Animal foodstuffs; Canned foodstuffs for cats; Canned foodstuffs for dogs; Digestible chewing bones for dogs; Digestible teeth cleaning treats for dogs; Edible cat treats; Edible chews for dogs; Edible dog treats; Edible food for animals for chewing; Edible pet treats; Edible chewing bones for dogs; Pre-baked edible pet treats
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)).


Disclaimer
No claim is made to the exclusive right to use CHUCK WAGON apart from the mark as shown.

Translation
The wording CHUCK WAGON has no meaning in a foreign language.

Significance of wording, letter(s), or numeral(s)
The word(s) CHUCK WAGON has no meaning in a foreign language.

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-260420001383494ce1cd8 3582aed530e-130304461_._c huck_wagon1.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
e2f-260420001383494ce1cd8 3582aed530e-130304461_._c huckwagon2.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
e2f-260420001383494ce1cd8 3582aed530e-130304461_._c huckwagon3.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
e2f-260420001383494ce1cd8 3582aed530e-130304461_._c huckwagon4.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1
Original PDF file:
e2f-260420001383494ce1cd8 3582aed530e-130304461_._c huckwagon5.pdf
Converted PDF file(s) (1 page)
2(f) evidence-1

Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 01/01/1970, and in commerce at least as early as 01/30/1970.

Miscellaneous Statement
Chuck Wagon was a trademark associated with dog food most predominantly in the 1970s and 1980s. Several companies have applied for and abandoned the trademarks. The one live trademark existing appears to have been activated in November 2010; through 2018 and 2019, there have been a series of notices and revocations between the most recent trademark owner and USPTO. On June 17, 2019, there was a COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED notice sent to TM owner from USPTO. Most importantly, there is no evidence whatsoever that the brand is being manufactured, promoted or used in any way, in Class 031, by the most recent TM owner. The owner is investing in the Paws Happy Life brand, which is a dog food positioning and presented where the TM being applied for here, would otherwise be. Copies of their current website featuring their brands - including Paws Happy Life - as of this August 25, 2020 are also attached.

Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._chuck_wagon_win es_dead_June_2018.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._chuck_wagon_nat ural_pet_treats_live_June _2014.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._chuck_wagon_col lars_and_leashes_dead_Oct ober_2014.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._rial___85258846 _Topco_Associates__Llc_Tr ademark_Registration.pdf
Converted PDF file(s) (6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._eting__LLC_Seri al_Number__77667479____Tr ademarkia_Trademarks.pdf
Converted PDF file(s) (5 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._Paws_Happy_Life.pdf
Converted PDF file(s) (5 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._Topco___Who_We_ Are___Brands.pdf
Converted PDF file(s) (4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._Number_4552181_ -_Serial_Number_85545566_ ___Justia_Trademarks.pdf
Converted PDF file(s) (6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Original PDF file:
MIS-260420001383494ce1cd8 3582aed530e-2020082513030 4461888_._iates__LLC_Seri al_Number__77917266____Tr ademarkia_Trademarks.pdf
Converted PDF file(s) (5 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5

For informational purposes only, applicant's website address is: brandsquaredlicensing.com

The applicant's current Correspondence Information:

Brand Squared LLC

PRIMARY EMAIL FOR CORRESPONDENCE: mdresner@bsquaredlicensing.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hsrosenthal@bsquaredlicensing.com The docket/reference number is CHUCK WAGON2. 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: /Michael Dresner/   Date: 08/25/2020
Signatory's Name: Michael Dresner
Signatory's Position: Partner
Signatory's Phone Number: 917-770-4316
Payment Sale Number: 90135734
Payment Accounting Date: 08/25/2020

Serial Number: 90135734
Internet Transmission Date: Tue Aug 25 13:56:32 ET 2020
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200825135632835252-90135734-
740439e23d86e7cd0b74d6649b1c19f5044e17f8
dd9b1c48712c71bb5d6a2f187c-CC-56314634-2
0200825130304461888