Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97014160

Filing Date: 09/07/2021

To the Commissioner for Trademarks:

MARK: TIMS (stylized and/or with design, see mark)
The literal element of the mark consists of TIMS. The applicant is not claiming color as a feature of the mark. The mark consists of a depiction of a Maple leaf with the word TIMS in script letters in the middle of the Maple leaf.
The applicant, Tim Hortons USA Inc., a corporation of Florida, having an address of
      5707 Blue Lagoon Drive
      Miami, Florida 33126
      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:  Coffee shop services; coffee bar services; café services; restaurant services, including sit-down service of food and take-out restaurant services
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: N. Christopher Norton. Other appointed attorneys are Luna M. Samman. N. Christopher Norton of Arent Fox 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
      1717 K Street, NW
      Washington, District of Columbia 20006-5344
      United States
      202-715-8460(phone)
      202.857.6395(fax)
      tmdocket@arentfox.com
The docket/reference number is 037234.tbd.
N. Christopher Norton 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:

N. Christopher Norton

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@arentfox.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Christopher.Norton@arentfox.com; luna.samman@arentfox.com; carolyn.himmelfarb@arentfox.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: /Carleen Griffith/   Date: 09/04/2021
Signatory's Name: Carleen Griffith
Signatory's Position: Counsel, Marketing & Trademarks, U.S. & International
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97014160
Payment Accounting Date: 09/07/2021

Serial Number: 97014160
Internet Transmission Date: Tue Sep 07 06:34:28 ET 2021
TEAS Stamp: USPTO/BAS-XXX.X.XX.XX-202109070634280692
47-97014160-7816b752682b7cf53ab2e52968db
f16f85fbad43e0172bf2f3a03f5444412d428d-C
C-34261138-20210903142047846188