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: 90199385

Filing Date: 09/22/2020

To the Commissioner for Trademarks:

MARK: WHIRLYQ (Standard Characters, see mark)
The literal element of the mark consists of WHIRLYQ. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Landscape Structures, Inc., a corporation of Minnesota, having an address of
      601 7th Street South
      Delano, Minnesota 55328
      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 _______: Playground equipment, namely, rotating ride-along units and revolving platforms having an integrated structure.
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.



The owner's/holder's proposed attorney information: Wesley W. Malherek. Other appointed attorneys are Christopher Volkmann, Christopher Christenson, Christopher Holt, Joseph Kelly. Wesley W. Malherek of Kelly, Holt & Christenson, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      141 West 1st Street Suite 100
      Waconia, Minnesota 55387
      United States
      952-467-6088(phone)
      trademarks@khcip.com
The docket/reference number is L31.22-0206.
Wesley W. Malherek 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:

Wesley W. Malherek

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@khcip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wmalherek@khcip.com; sgreenfield@khcip.com; kmkrueger@khcip.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 $275 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: /wesley malherek/   Date: 09/22/2020
Signatory's Name: Wesley Malherek
Signatory's Position: Attorney of record, MN Bar member
Payment Sale Number: 90199385
Payment Accounting Date: 09/22/2020

Serial Number: 90199385
Internet Transmission Date: Tue Sep 22 10:06:05 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20200922100605796
654-90199385-7505dc8e2e4c67f8aca893e4f44
4c70a2af7db28ed578b02bac7696aecbb843cb98
-CC-06041947-20200922100013540178