TEAS Plus New 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

TEAS Plus Application

Serial Number: 90535967

Filing Date: 02/19/2021

To the Commissioner for Trademarks:

MARK: EVERGREEN (Standard Characters, see mark)
The literal element of the mark consists of EVERGREEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Bay Alarm Company, a corporation of California, having an address of
      5130 Commercial Circle
      Concord, California 94520
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 037:  Burglar alarm installation and repair; Fire alarm installation and repair; Installation of security 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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 045:  Monitoring of fire alarms; Monitoring of burglar and security alarms
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. (15 U.S.C. Section 1051(b)).



The owner's/holder's proposed attorney information: Michael J. Dalton. Michael J. Dalton of Donahue Fitzgerald LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1999 Harrison Street, 26th Floor
      Oakland, California 94612
      United States
      510-451-3300(phone)
      510-451-1527(fax)
      mdalton@donahue.com
The docket/reference number is 20460.00002.
Michael J. Dalton 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. Dalton

PRIMARY EMAIL FOR CORRESPONDENCE: mdalton@donahue.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@donahue.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 $500 has been submitted with the application, representing payment for 2 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: /Michael J. Dalton/   Date: 02/19/2021
Signatory's Name: Michael J. Dalton
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone Number: 510-451-3300
Signature method: Sent to third party for signature
Payment Sale Number: 90535967
Payment Accounting Date: 02/19/2021

Serial Number: 90535967
Internet Transmission Date: Fri Feb 19 13:25:16 ET 2021
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XX-202102191325160
16621-90535967-7708b191f19bda73e8cf83729
ee339ff12f4197a74ccdf12be85d2bde79f6a12e
-DA-25151128-20210219125858679926