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: 90724454

Filing Date: 05/20/2021

To the Commissioner for Trademarks:

MARK: YARDEN (Standard Characters, see mark)
The literal element of the mark consists of YARDEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Indrio Brands, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      650 90th Ave
      Vero Beach, Florida 32966
      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 021:  gardening gloves
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:  shirts; shorts; pants; headwear; footwear
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 035:  On-line retail store featuring plant seeds, live plants, live fruit trees, live scions, live buds, live stem cuttings and live root stock, gardening shears, pots, gardening kits, gardening supplies, clothing and gardening gloves; retail garden and nursery stores
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 041:  Educational services, namely, providing online instruction in the field of plant care including planting, pruning and watering, fertilizing, and harvesting via an online website.
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 031:  plant seeds; seeds for fruit and vegetables
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: Peter A. Chiabotti. Other appointed attorneys are Ryan Harding; Kourtney Mulchaney; Michael K. Dixon, Rachel Rudensky, Mammen P. Zachariah, Jr., Amy Price, Mark Passler. Peter A. Chiabotti of Akerman 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 1100 West Tower
      777 South Flagler Drive
      West Palm Beach, Florida 33401
      United States
      561-671-3608(phone)
      ip@akerman.com
The docket/reference number is 11974-14.
Peter A. Chiabotti 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:

Peter A. Chiabotti

PRIMARY EMAIL FOR CORRESPONDENCE: ip@akerman.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: /B. Alexander Brown, II/   Date: 05/20/2021
Signatory's Name: Benjamin Alexander Brown, II
Signatory's Position: President & CEO
Signatory's Phone Number: 772-226-3500
Signature method: Sent to third party for signature
Payment Sale Number: 90724454
Payment Accounting Date: 05/20/2021

Serial Number: 90724454
Internet Transmission Date: Thu May 20 15:43:18 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2021052015431852
8902-90724454-7803690e8cc2e73d35aea4acbb
34ac43392237aecc118652359862c4147b03144-
DA-43181888-20210520151112058095