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: 90188759

Filing Date: 09/17/2020

To the Commissioner for Trademarks:

MARK: H (stylized and/or with design, see mark)
The literal element of the mark consists of H. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized capitalized letter "H" with a stylized outline of a cowboy hat over the top left column of the letter.
The applicant, Howdy Enterprises Limited, a limited liability company legally organized under the laws of Texas, having an address of
      3833 S. Texas Ave. Suite 288
      Bryan, Texas 77802
      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 011:  Portable toilets; portable hand wash basins; hand wash basins being part of sanitary installations; portable sanitation facilities.
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.

International Class 037:  On-site servicing of portable toilets in the nature of sewage removal; on-site servicing of portable sanitation installations; on-site servicing of portable sanitation facilities; on-site servicing of portable hand wash basins.
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.

International Class 039:  Trash services, namely, rental of dumpsters; trash services, namely, rental of dump trailers and roll-off trailers; junk, trash, and debris removal; transport of trash.

In International Class 039, 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 01/09/2020, and first used in commerce at least as early as 01/09/2020, 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) Specimen 1: A web page showing the mark used in conjunction with the sole means of ordering the goods and services associated with the mark. Specimen 2: A vehicle bearing the mark, which vehicle is used to render services associated with the mark. Specimen 3: Another vehicle bearing the mark, which vehicle is used to render services associated with the mark. Specimen 4: A garbage can bearing the mark, where the dumpster is used in conjunction with providing services associated with the mark. Specimen 5: A portable toilet bearing the mark, where the portable toilet is associated with the mark and the portable toilet is also used in conjunction with providing services associated with the mark..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

International Class 044:  Rental of portable toilets; providing portable toilets for events; providing portable toilets for temporary worksites; providing toilet services for individuals through the use of portable toilets; providing toilet services to individuals through the use of portable toilets on a truck; rental of portable hand washing stations; rental of sanitation facilities and installations.

In International Class 044, 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 01/09/2020, and first used in commerce at least as early as 01/09/2020, 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) Specimen 1: A web page showing the mark used in conjunction with the sole means of ordering the goods and services associated with the mark. Specimen 2: A vehicle bearing the mark, which vehicle is used to render services associated with the mark. Specimen 3: Another vehicle bearing the mark, which vehicle is used to render services associated with the mark. Specimen 4: A garbage can bearing the mark, where the dumpster is used in conjunction with providing services associated with the mark. Specimen 5: A portable toilet bearing the mark, where the portable toilet is associated with the mark and the portable toilet is also used in conjunction with providing services associated with the mark..
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5




The owner's/holder's proposed attorney information: Devin Miller. Other appointed attorneys are Jedediah Knight, Darrin Burnham. Devin Miller of Miller IP 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
      4030 W 5800 N
      Morgan, Utah 84050
      United States
      devin@milleripl.com
The docket/reference number is Howdy.403.
Devin Miller 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:

Devin Miller

PRIMARY EMAIL FOR CORRESPONDENCE: devin@milleripl.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sara@milleripl.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 $1100 has been submitted with the application, representing payment for 4 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: /Devin Miller/   Date: 09/15/2020
Signatory's Name: Devin Miller
Signatory's Position: Attorney of Record, Utah bar member
Payment Sale Number: 90188759
Payment Accounting Date: 09/17/2020

Serial Number: 90188759
Internet Transmission Date: Thu Sep 17 14:45:08 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXX:XXXX:XXX:XXX
X:XXXX-20200917144508375346-90188759-750
5323fc5c3986d3f1c29d4bdb731af6124f31de0b
22676747b71b1ee9fa2530-CC-45069517-20200
915163748238778