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: 90573237

Filing Date: 03/11/2021

To the Commissioner for Trademarks:

MARK: FS FRESH SET (stylized and/or with design, see mark)
The literal element of the mark consists of FS FRESH SET. The applicant is not claiming color as a feature of the mark. The mark consists of of a circle enclosing the letter "F" toward the top left, a drawing of a fork angled from the lower left to the upper right, and the letter "S" toward the bottom right. Below the circle is the wording "FRESH SET".
The applicant, Red Robin International, Inc., a corporation of Nevada, having an address of
      Suite 200N
      6312 South Fiddlers Green Circle
      Greenwood Village, Colorado 80111
      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 043:  Restaurants featuring home delivery; Take-out restaurant services; Preparation of food and beverages
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: Matthew G. Minder. Other appointed attorneys are Mark A. Paskar, Daniel A. Crowe, Lindsay Cohen Schneider, Nicole L. Grembocki, Steve Trubac, Lucinda A. Althauser, Emma Harty, Nick E. Williamson, and other intellectual property attorneys from the law firm. Matthew G. Minder of Bryan Cave Leighton Paisner 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
      211 North Broadway, Suite 3600
      St. Louis, Missouri 63102
      United States
      314-259-2000(phone)
      314-259-2020(fax)
      bcipdocketing@bclplaw.com
The docket/reference number is 1343512.24.
Matthew G. Minder 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:

Matthew G. Minder

PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): matt.minder@bclpalw.com; mark.paskar@bclplaw.com; kahonold@bclplaw.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 $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: /Jeffrey Hoban/   Date: 03/10/2021
Signatory's Name: Jeffrey Hoban
Signatory's Position: VP and Deputy GC
Signatory's Phone Number: 314-259-2864
Signature method: Sent to third party for signature
Payment Sale Number: 90573237
Payment Accounting Date: 03/11/2021

Serial Number: 90573237
Internet Transmission Date: Thu Mar 11 13:50:49 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210311135049466
344-90573237-77036b2704df3f37f7ab39b5409
c2f8f21577b32f1951b8688d0b760bbe4441858-
DA-50491052-20210310151515494687