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: 90539623

Filing Date: 02/22/2021

To the Commissioner for Trademarks:

MARK: EARTH DAY LIVE (Standard Characters, see mark)
The literal element of the mark consists of EARTH DAY LIVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, EARTH DAY NETWORK, INC., AKA EARTHDAY.ORG, a charitable corporation legally organized under the laws of New York, having an address of
      1752 N. Street NW Suite 700
      Washington, District of Columbia 20036
      United States
      202-518-0044(phone)
      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 035:  Charitable services, namely, organizing and developing projects to promote awareness of tree and environmental conservation; Charitable services, namely, promoting environmental awareness to children; Charitable services, namely, promoting public awareness of environmental issues related to marine eco-systems to young people; Promoting public awareness of environmental issues and initiatives; Promoting the interests of people concerned with health, community and environmental sustainability issues

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/01/2020, and first used in commerce at least as early as 08/17/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot from applicant's website.

Original PDF file:
SPE0-26001700c658e609404d f684f2ec589-2021022217072 2940852_._EARTH_DAY_LIVE_ 2021-02-22.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

Webpage URL: http://www.earthday.org/earth-day-2020/earth-day-live/
Webpage Date of Access: 02/22/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5676194, 3832745, and 3948354.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
EARTH DAY has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Active Prior Registration(s)
EARTH DAY has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3948354 .

For informational purposes only, applicant's website address is: www.earthday.org
The owner's/holder's proposed attorney information: Allen J. Baden. Allen J. Baden of Baden Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      5646 Milton St Ste 226
      Dallas, Texas 75206
      United States
      469-677-7750(phone)
      allen@baden.law
The docket/reference number is 7005.43.
Allen J. Baden 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:

Allen J. Baden

PRIMARY EMAIL FOR CORRESPONDENCE: allen@baden.law        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@baden.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 $250 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: /allen j baden/   Date: 02/22/2021
Signatory's Name: Allen J. Baden
Signatory's Position: Attorney of Record, Member of TX, NY, CA and WA Bars
Signatory's Phone Number: 469-677-7750
Signature method: Signed directly within the form
Payment Sale Number: 90539623
Payment Accounting Date: 02/22/2021

Serial Number: 90539623
Internet Transmission Date: Mon Feb 22 17:24:43 ET 2021
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210222172443162734-90539623-7
7060d0a98aa623179b2ead9a3932791b9539181e
867561ff93c34294de262dbfb1-CC-24412906-2
0210222170722940852