Trademark/Service Mark Application, Principal Register
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
The mark consists of standard characters, without claim to any particular font style, size, or color.
REGISTER
Principal
APPLICANT INFORMATION
*OWNER OF MARK
Beach Mart, Inc.
*MAILING ADDRESS
2229 S. Croatan Hwy
*CITY
Nags Head
*STATE
(Required for U.S. applicants)
North Carolina
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
27959
*EMAIL ADDRESS
XXXX
LEGAL ENTITY INFORMATION
TYPE
corporation
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION
North Carolina
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS
035
*IDENTIFICATION
Retail store services featuring sunglasses, swimming and diving goggles, snorkels, jewelry, beach bags, beach chairs folding, clothing,
footwear, headwear, swimwear, intimate apparel, body boards, sand toys, stuffed toys, plush toys, swimming floats for recreational use, sunscreen and sun tanning preparations, mugs, floor mats, and
towels.
FILING BASIS
SECTION 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT
Applicant requests that this application be suspended pending final resolution of Beach Mart, Inc. v. L&L Wings, Inc., No.
2:11cv44 (E.D.NC. filed Sept. 9, 2011). Suspension of this application is appropriate because Applicant believes that the actions taken and rulings issued in this litigation may be relevant to the
Examiner's determination of the registrability of Applicant's mark. See T.M.E.P. § 716.02(d). Copies of the relevant pleadings are attached.
Peter B. Bromaghim, Melissa G. Ferrario, Anne C. Fleeson, William S. Fultz, Nicholas B. Hawkins, Jack B. Hicks, Timothy H. Hiebert, Jennifer
Itzkoff, Sarah Anne Keefe, Laura A. Kees, Randel S. Springer, Michael A. Tobin, Emily Scheible Whittaker, Jeffrey S. Whittle
CORRESPONDENCE INFORMATION
NAME
Jack B. Hicks
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
tmdocketing@wbd-us.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
kristin.webb@wbd-us.com
FEE INFORMATION
APPLICATION FILING OPTION
TEAS Standard
NUMBER OF CLASSES
1
APPLICATION FOR REGISTRATION PER CLASS
275
*TOTAL FEES DUE
275
*TOTAL FEES PAID
275
SIGNATURE INFORMATION
SIGNATURE
/jack hicks/
SIGNATORY'S NAME
Jack B. Hicks
SIGNATORY'S POSITION
Attorney of Record, NC Bar Member
SIGNATORY'S PHONE NUMBER
336-574-8050
DATE SIGNED
11/16/2020
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:90322230
Filing Date:11/16/2020
To the Commissioner for Trademarks:
MARK: WINGS (Standard Characters, see mark)
The literal element of the mark consists of WINGS. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Beach Mart, Inc., a corporation of North Carolina, having an address of
2229 S. Croatan Hwy
Nags Head, North Carolina 27959
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 035: Retail store services featuring sunglasses, swimming and diving goggles, snorkels, jewelry, beach bags, beach chairs folding, clothing, footwear, headwear, swimwear,
intimate apparel, body boards, sand toys, stuffed toys, plush toys, swimming floats for recreational use, sunscreen and sun tanning preparations, mugs, floor mats, and towels.
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.
Miscellaneous Statement
Applicant requests that this application be suspended pending final resolution of Beach Mart, Inc. v. L&L Wings, Inc., No. 2:11cv44 (E.D.NC. filed Sept. 9, 2011). Suspension of this application
is appropriate because Applicant believes that the actions taken and rulings issued in this litigation may be relevant to the Examiner's determination of the registrability of Applicant's mark. See
T.M.E.P. § 716.02(d). Copies of the relevant pleadings are attached.
The owner's/holder's proposed attorney information: Jack B. Hicks. Other appointed attorneys are Peter B. Bromaghim, Melissa G. Ferrario, Anne C. Fleeson, William S. Fultz, Nicholas B. Hawkins, Jack
B. Hicks, Timothy H. Hiebert, Jennifer Itzkoff, Sarah Anne Keefe, Laura A. Kees, Randel S. Springer, Michael A. Tobin, Emily Scheible Whittaker, Jeffrey S. Whittle. Jack B. Hicks of Womble Bond
Dickinson (US) 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
300 N. Greene Street, Suite 1900
Greensboro, North Carolina 27401
United States
336-574-8050(phone)
336-574-4522(fax)
tmdocketing@wbd-us.com
The docket/reference number is B3814 3003.
Jack B. Hicks 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:
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
Declaration Signature
Signature: /jack hicks/ Date: 11/16/2020
Signatory's Name: Jack B. Hicks
Signatory's Position: Attorney of Record, NC Bar Member
Payment Sale Number: 90322230
Payment Accounting Date: 11/16/2020
Serial Number: 90322230
Internet Transmission Date: Mon Nov 16 16:38:08 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.X.XX-2020111616380869292
6-90322230-750f77115d0299c2dd7d7dcf22dd4
6d4173aa6a6adc949237bd59f2d6238676ba-DA-
38088466-20201116150918398976
