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: 90555051

Filing Date: 03/02/2021

To the Commissioner for Trademarks:

MARK: KITTY HAWK KITES (stylized and/or with design, see mark)
The literal element of the mark consists of KITTY HAWK KITES. The mark consists of the words KITTY HAWK KITES to the left of a kite design.
The applicant, Kitty Hawk Kites, Inc., a corporation of North Carolina, having an address of
      306 K West Lake Drive
      Kill Devil Hills, North Carolina 27948-8520
      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 003:  health and beauty items, namely, sunscreen and lip balms
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.

International Class 025:  clothing, namely, shirts, t-shirts, pants, shorts, sweatshirts, caps, and jackets

In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2013, and first used in commerce at least as early as 00/00/2013, 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) web page showing the mark, the product, and a means of ordering the product.

Original PDF file:
SPE0-1210719526-202102161 23831192683_._Class_25.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-1210719526-202102161 23831192683_._Class_25_-_ 2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://store.kittyhawk.com/collections/clothingapparel/ products/emi-sportswear-khk-ss-endless-hangglider- 199648 and http://store.kittyhawk.com/collections/clothing-apparel/products/legacy-l2-brands-llc-obx-horizon-hatteras-ofa-truck-209853
Webpage Date of Access: 10/22/2020

International Class 032:  bottled water

In International Class 032, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2013, and first used in commerce at least as early as 00/00/2013, 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) photograph showing the mark on the goods.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 035:  retail, online and wholesale store services in the area of apparel, gifts, kayaks, kites, magnets, mugs, glasses, used bicycles, stickers, key chains, pens, lapel pins, puzzles, playing cards, coasters, gliders, model planes, toys, windsocks, towels, bags, flags, bottle openers, bottled water, canned peanuts and health and beauty items, namely, sunscreen, lip balms and soaps

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2013, and first used in commerce at least as early as 00/00/2013, 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) web page.

Original PDF file:
SPE0-1210719526-202102161 23831192683_._Class_35.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://store.kittyhawk.com/
Webpage Date of Access: 10/22/2020

International Class 041:  hang gliding, paragliding and kiteboarding school services; kayaking tours; kayak rentals

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 00/00/2013, and first used in commerce at least as early as 00/00/2013, 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) photograph of a brochure.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1188971, 1203093, and 3025210.


The owner's/holder's proposed attorney information: Larry L. Coats. Other appointed attorneys are David E. Bennett, John R. Owen, David D. Kalish, Edward H. Green, III, Stephen A. Herrera, William G. Pagán, Brandee N. Woolard, and Gavin Parsons. Larry L. Coats of Coats & Bennett, PLLC, 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 300
      1400 Crescent Green
      Cary, North Carolina 27518
      United States
      919-854-1844(phone)
      919-854-2084(fax)
      jsleeper@coatsandbennett.com
The docket/reference number is 1337-027.
Larry L. Coats 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:

Larry L. Coats

PRIMARY EMAIL FOR CORRESPONDENCE: jsleeper@coatsandbennett.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lcoats@coatsandbennett.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 $1750 has been submitted with the application, representing payment for 5 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: /Larry L. Coats/   Date: 03/02/2021
Signatory's Name: Larry L. Coats
Signatory's Position: Attorney of record
Signatory's Phone Number: 919-854-1844
Signature method: Signed directly within the form
Payment Sale Number: 90555051
Payment Accounting Date: 03/02/2021

Serial Number: 90555051
Internet Transmission Date: Tue Mar 02 13:18:07 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021030213180705
7835-90555051-7701e8bbc9aa59567b1ac225f3
4835b51267f1eaab1c278ea17b5e17f6ee90c-ET
-18063269-20210302130935342028