Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90683908

Filing Date: 04/30/2021

To the Commissioner for Trademarks:

MARK: GYM (stylized and/or with design, see mark)
The literal element of the mark consists of GYM. The mark consists of the stylized wording "GYM." The "Y" is in the form of a drinking glass with a lemon slice on the rim of the glass.
The applicant, Guac Y Margys, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      170 Boulevard SE, E204
      Atlanta, Georgia 30312
      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:  Bar and restaurant services

In International Class 043, 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 07/27/2018, and first used in commerce at least as early as 07/27/2018, 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) Screenshot of social media page; photo of signage at front of restaurant and bar.
Specimen File1
Specimen File2
Webpage URL: http://www.facebook.com/guacymargys/
Webpage Date of Access: 04/27/2021




The owner's/holder's proposed attorney information: J. Tucker Barr. Other appointed attorneys are Stephen Dorvee, Scott Taylor, Anuj Desai, Becki Lee, Andrew Stevens. J. Tucker Barr of Arnall Golden Gregory 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
      Suite 2100
      171 17th Street NW
      Atlanta, Georgia 30363
      United States
      404-873-8500(phone)
      404-873-8501(fax)
      trademarks@agg.com
The docket/reference number is 38966.1.
J. Tucker Barr 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:

J. Tucker Barr

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@agg.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tucker.barr@agg.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: /David Barton/   Date: 04/30/2021
Signatory's Name: David Barton
Signatory's Position: Manager
Signatory's Phone Number: 4045020713
Signature method: Sent to third party for signature
Payment Sale Number: 90683908
Payment Accounting Date: 04/30/2021

Serial Number: 90683908
Internet Transmission Date: Fri Apr 30 12:27:58 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202104301227584
66620-90683908-780b86937ba2ca6cfbf9e6448
b6f3bb167ddb0fa3f0a596ffa51833418f3ab1-D
A-27583477-20210427153810589582