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: 90192136

Filing Date: 09/18/2020

To the Commissioner for Trademarks:

MARK: BERKLEY JENSEN (Standard Characters, see mark)
The literal element of the mark consists of BERKLEY JENSEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BJ's Wholesale Club, Inc., a corporation of Delaware, having an address of
      25 Research Drive
      Westborough, Massachusetts 01581
      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 003:  Cotton balls for cosmetic purposes; Dishwasher detergents; Shampoo; Conditioner; Dryer sheets; Laundry detergent; Makeup remover wipes

In International Class 003, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 005:  Disinfecting wipes; Baby diapers; Multi-purpose contact lens and eyecare solution; Hair growth stimulant containing minoxidil

In International Class 005, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 006:  Aluminum foil

In International Class 006, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 008:  Disposable tableware, namely, knives, forks and spoons

In International Class 008, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 010:  Gloves for medical purposes; Vinyl gloves; Nitrile gloves

In International Class 010, 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 11/06/2018, and first used in commerce at least as early as 11/06/2018, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).

Original PDF file:
SPE0-45271915-20200917151 016174575_._Class_10_Spec imen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 011:  Water filters; outdoor fixtures, namely, gas fire pits; nativity set

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 03/20/2015, and first used in commerce at least as early as 03/20/2015, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 016:  Plastic film for wrapping; Parchment paper; Thermal paper rolls; Photo paper; Sheet protectors in the nature of protective covers for sheets of paper

In International Class 016, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 018:  Shopping bags; Reusable shopping bags

In International Class 018, 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 03/30/2019, and first used in commerce at least as early as 03/30/2019, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 020:  Storage racks; Shoe racks; Coat hangers; Clothes hangers; Pillows; Quilted memory foam pillows; Mesh chairs; Office chairs; Mattresses; Bunk beds; Folding chairs

In International Class 020, 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 02/06/2015, and first used in commerce at least as early as 02/06/2015, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 021:  Paper plates; Paper bowls; Paper cups; Foam plates; Foam bowls; Foam cups; Hinged Foam Compartment Container; Aluminum Pans; Aluminum Pan Lids; Salad spinners; Glass food storage containers for household use sold empty; Reusable insulated bags; Dental flossers; Dental floss; Heads for electric toothbrushes; toothbrushes; Bowl set; Pots; Sauce pan

In International Class 021, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 024:  Table covers; Mattress pads

In International Class 024, 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 08/06/2014, and first used in commerce at least as early as 08/06/2014, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).

Original PDF file:
SPE0-45271915-20200917151 016174575_._Class_24_Spec imen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

International Class 025:  Socks; Pajamas
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 026:  bows; ribbon
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 027:  Bath mats

In International Class 027, 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 12/13/2017, and first used in commerce at least as early as 12/13/2017, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).
Specimen File1

International Class 028:  ornaments; artificial Christmas tree; tree skirt; Christmas garland; Christmas wreaths; Christmas stockings
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.

In International Class 028, 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 03/01/2017, and first used in commerce at least as early as 03/01/2017, 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) photograph of the mark as displayed on the applied-for product and in connection with point of sale displays (applicant's website).

Original PDF file:
SPE0-45271915-20200917151 016174575_._Class_28_Spec imen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The owner's/holder's proposed attorney information: Christopher D. Casavale. Other appointed attorneys are Mark C. Dukes, Craig N. Killen, Charles G. Zug, Lloyd G. Farr, Christopher D. Casavale, Robert H. McWilliams, Jr., Susan S. Jackson, Lauren G. Hunstad. Christopher D. Casavale of Nelson Mullins Riley & Scarborough LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      301 South College Street, Suite 2300
      Charlotte, North Carolina 28202
      United States
      843-534-4252(phone)
      ip@nelsonmullins.com
The docket/reference number is 051509.09157.
Christopher D. Casavale 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 D. Casavale

PRIMARY EMAIL FOR CORRESPONDENCE: ip@nelsonmullins.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chris.casavale@nelsonmullins.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 $4125 has been submitted with the application, representing payment for 15 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: //Dante Deliso//   Date: 09/18/2020
Signatory's Name: Dante Deliso
Signatory's Position: Senior Legal Counsel
Payment Sale Number: 90192136
Payment Accounting Date: 09/18/2020

Serial Number: 90192136
Internet Transmission Date: Fri Sep 18 15:57:40 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202009181557407048
97-90192136-750f0df9323d765134c2fb828ebf
7089ad3180a5e0af96624a4dc67759e137877-DA
-57408594-20200917151016174575