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: 90593393

Filing Date: 03/22/2021

To the Commissioner for Trademarks:

MARK: SD (stylized and/or with design, see mark)
The literal element of the mark consists of SD. The mark consists of the stylized letters S and D intertwined.
The applicant, South Dakota State University, a state university legally organized under the laws of South Dakota, having an address of
      CMC 105, Rotunda Lane
      Brookings, South Dakota 57007
      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 009:  Decorative magnets; electronic signs; cases and covers for phones; holders specifically adapted for use with mobile phones; mobile phone chargers and speakers.

In International Class 009, 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 00/00/2018, and first used in commerce at least as early as 00/00/2018, 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) Photos of the subject goods with the mark thereon..
Specimen File1
Specimen File2
Specimen File3
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 016:  Folders; binders; note books; note pads; gift bags; decals; stickers; day planners; postcards; greeting cards; bookmarks; calendars

In International Class 016, 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 00/00/2015, and first used in commerce at least as early as 00/00/2015, 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) Photos of the subject goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 018:  Key Cases; wallets; lap top bags; athletic bags; business card holders in the nature of card cases; backpacks

In International Class 018, 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 00/00/2015, and first used in commerce at least as early as 00/00/2015, 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) Photos of the subject goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 028:  Balls for sports; divot repair tools; toy foam novelty items; toy helmets

In International Class 028, 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 00/00/2018, and first used in commerce at least as early as 00/00/2018, 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) Photos of the subject goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Educational services in a variety of fields in the university context, namely, providing classes and courses at the undergraduate, graduate, and continuing education levels; Entertainment services, namely, arranging, conducting and participating in collegiate athletic and collegiate sports events and competitions; and providing a website featuring information about education at the university, university athletic programs, ticket information for collegiate athletic events, booster clubs, and camps; all of the foregoing in a university context.

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 00/00/1995, and first used in commerce at least as early as 00/00/1995, 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) Screenshots from Applicant's website which depict the mark in association with the subject services..
Specimen File1
Specimen File2
Specimen File3
Webpage URL: www.sdstate.edu
Webpage Date of Access: 03/18/2021



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2862387 and 3946740.

Miscellaneous Statement
Consistent with TMEP Section 903.08, Applicant states its dates of first use (anywhere and in commerce) for class 41 relate to at least entertainment services; however, the mark has prior to the date of filing been used in commerce in conjunction with all services identified in the application in this class.


The owner's/holder's proposed attorney information: Troy Leonard. Troy Leonard of WOODS, FULLER, SHULTZ & SMITH, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 300
      300 S. Phillips Avenue,
      Sioux Falls, South Dakota 57104-6322
      United States
      605-336-3890(phone)
      605-339-3357(fax)
      Troy.Leonard@woodsfuller.com
The docket/reference number is 9779-39572.
Troy Leonard 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:

Troy Leonard

PRIMARY EMAIL FOR CORRESPONDENCE: Troy.Leonard@woodsfuller.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /troy leonard/   Date: 03/22/2021
Signatory's Name: Troy Leonard
Signatory's Position: Attorney of Record, South Dakota bar member
Signatory's Phone Number: 605-336-3890
Signature method: Signed directly within the form
Payment Sale Number: 90593393
Payment Accounting Date: 03/22/2021

Serial Number: 90593393
Internet Transmission Date: Mon Mar 22 12:16:16 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021032212161612
7653-90593393-770e725641ab41f1a6912a5d93
c730d9ee9924e37f89c40b0ab8bf5d1e9dfa46c-
CC-16142977-20210322111909776683