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: 90226973

Filing Date: 09/30/2020

To the Commissioner for Trademarks:

MARK: BUILD-A-BEAR'S BE THE BEAR (Standard Characters, see mark)
The literal element of the mark consists of BUILD-A-BEAR'S BE THE BEAR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Build-A-Bear Retail Management, Inc., a corporation of Delaware, having an address of
      1954 Innerbelt Business Center Drive
      St. Louis, Missouri 63114
      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 009:  Downloadable computer software application for mobile devices to enable the user to create, edit, modify, and share photos, videos, and multimedia content via computer and communication networks; downloadable computer software for creating, editing, modifying, and sharing photos, videos, and multimedia content via computer and communication networks; downloadable computer software programs, namely, downloadable application for use in creating, editing, sharing, modifying, and managing text, photos, videos, and multimedia content via computer and communication networks; downloadable computer software for mobile devices for use in connection with image and video processing, namely, real-time video and image processing and enhancement, image and video filters creation and editing, image and video special effects, virtual and augmented reality using image and video modification and avatar technology, and image and video filtering and avatar technology
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: Michael J. Hickey. Other appointed attorneys are Kirk A. Damman, John B. Greenberg, Richard B. Walsh, Jr., Bridget Hoy, Benjamin J. Siders, Michael H. Durbin, Sonette T. Magnus and Michael Armstrong. Michael J. Hickey of Lewis Rice LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      BOX IP DEPT
      600 Washington Ave, Ste. 2500
      St. Louis, Missouri 63101
      United States
      314-444-7600(phone)
      3146121301(fax)
      ipdept@lewisrice.com

Michael J. Hickey 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:

Michael J. Hickey

PRIMARY EMAIL FOR CORRESPONDENCE: ipdept@lewisrice.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Mary Ann Mackey/   Date: 09/30/2020
Signatory's Name: Mary Ann Mackey
Signatory's Position: Director, Assistant General Counsel
Payment Sale Number: 90226973
Payment Accounting Date: 09/30/2020

Serial Number: 90226973
Internet Transmission Date: Wed Sep 30 16:31:17 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020093016311725
8895-90226973-7503691d224114df08cf4cc926
0fd42f618bddafbac3de58a61e3646c9a8f421e-
CC-31159459-20200925105843697792