Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90527138

Filing Date: 02/12/2021

To the Commissioner for Trademarks:

MARK: OPTIMA (Standard Characters, see mark)
The literal element of the mark consists of OPTIMA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Earth Wall Products, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      Suite 135
      1349 Old 41 Hwy
      Marietta, Georgia 30060
      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 019:  Retaining wall systems
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: Scott A. Horstemeyer. Other appointed attorneys are Randy R. Schoen, Scott Amy, Marlena F. Burt, N. Andrew Crain, Michael J. D'Aurelio, Todd Deveau, Robert Gravois, Daniel R. Gresham, Thomas B. Hildebrandt, Charles Griggers, David Hayzer, Kenneth Knox, Cynthia J. Lee, Christopher B. Linder, Melissa Rhoden, John Lyon, Eric Maurer, Jason Perilla, Arvind Reddy, David R. Risley, Wesley Roberts, R. David Pointer, Gregory J. Mullin; Lei Fang, Heather Gorman; Andrea Bonner. Scott A. Horstemeyer of Thomas | Horstemeyer, 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
      Suite 1600E
      3200 Windy Hill Road, SE
      Atlanta, Georgia 30339
      United States
      770-933-9500(phone)
      770-951-0933(fax)
      trademarks@thip.law
The docket/reference number is 51813-3070.
Scott A. Horstemeyer 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:

Scott A. Horstemeyer

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@thip.law        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): j.campbell@thip.law 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 $350 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: /Scott Horstemeyer/   Date: 02/12/2021
Signatory's Name: Scott A. Horstemeyer
Signatory's Position: Attorney for Applicant, Member of State Bar of Georgia
Signatory's Phone Number: 770-933-9500
Signature method: Sent to third party for signature
Payment Sale Number: 90527138
Payment Accounting Date: 02/12/2021

Serial Number: 90527138
Internet Transmission Date: Fri Feb 12 15:06:50 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202102121506506
48901-90527138-7604d5cefeefab3bc373d6e64
344b27ea248b7220905ff4067ff1caba9e086761
8-CC-06491113-20210212144404993860