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: 90144968

Filing Date: 08/28/2020

To the Commissioner for Trademarks:

MARK: Willingham's (stylized and/or with design, see mark)
The literal element of the mark consists of Willingham's. The color(s) Red and mustard yellow is/are claimed as a feature of the mark. The mark consists of the word "Willingham's" written in a stylized formal font in red with a mustard yellow border.
The applicant, Whamco, Inc., DBA Willingham Associates, a corporation of Tennessee, having an address of
      3721 New Macland Rd., Ste. 200-256
      Powder Springs, Georgia 30127
      United States
      800-737-9426(phone)
      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 011:  Barbecue grills; Barbecue smokers; Barbecues and grills; Folding portable charcoal, propane and gas fired barbecues, stoves, and grills

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 011, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/31/1971, and first used in commerce at least as early as 12/31/1971, 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) Web page showing use of stylized mark to advertise sale of BBQs and smokers; photo of stylized mark used on BBQ.

Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ Willingham_s_website_adve rtising_BBQ_and_smoker.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ Stylized_mark_on_BBQ.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 016:  Cook books

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 016, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 11/01/1996, and first used in commerce at least as early as 11/01/1996, 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) Web page showing stylized mark in connection with sale of Willingham's cookbook.

Original PDF file:
SPE0-1849978173-202008261 54051619763_._pecimen_-_w ebpage_showing_stylized_m ark_advertising_cookbook.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 021:  Barbecue tongs; Barbecue turners; Cooking utensils, namely, barbecue branders; Utensils for barbecues, namely, forks, tongs, turners

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 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/31/1971, and first used in commerce at least as early as 12/31/1971, 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) BBQ utensils showing use of stylized mark.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ Stylized_mark_on_cooking_ utensils.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 030:  Barbecue dry rub; Barbecue sauce; Sauces for barbecued meat

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 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 12/31/1971, and first used in commerce at least as early as 12/31/1971, 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) Dry rub and seasoning bottle showing stylized mark; web page using stylized mark in ad for dry rub and seasoning; Web page showing BBQ sauce label using stylized mark.

Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ Willingham_s_Seasoning.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ sprice_rub_with_stylized_ mark.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ Photo_of_Willingham_s_BBQ _sauce.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 043:  Fast casual restaurants featuring barbecue

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 043, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 05/01/1985, and first used in commerce at least as early as 05/01/1985, 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 Willingham's fast casual restaurant showing use of stylized mark.

Original PDF file:
SPE0-1849978173-202008261 54051619763_._Specimen_-_ Willingham_s_restauran.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



For informational purposes only, applicant's website address is: http://willinghams.com/
The owner's/holder's proposed attorney information: Shaila Buckley. Other appointed attorneys are John Marshall. Shaila Buckley of Shaila Buckley Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      877 W. Main St., STE. 610
      877 W. Main St., STE. 610
      Boise, Idaho 83702
      United States
      208-995-9224(phone)
      shaila@shailabuckley.com

Shaila Buckley 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:

Shaila Buckley

PRIMARY EMAIL FOR CORRESPONDENCE: shaila@shailabuckley.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): john@jmarshalllaw.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 $1125 has been submitted with the application, representing payment for 5 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: /Shaila Buckley/   Date: 08/28/2020
Signatory's Name: Shaila Buckley
Signatory's Position: Attorney of record
Signatory's Phone Number: 650-776-8897
Payment Sale Number: 90144968
Payment Accounting Date: 08/28/2020

Serial Number: 90144968
Internet Transmission Date: Fri Aug 28 13:24:43 ET 2020
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XXX-2020082813244346
9287-90144968-740fa87c5deac5888fcadcb2fd
5511513bb536bb1c147070b72308263bf3321ff-
CC-24424182-20200828131937527965