Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97082487

Filing Date: 10/19/2021

To the Commissioner for Trademarks:

MARK: DWYER (stylized and/or with design, see mark)
The literal element of the mark consists of DWYER. The mark consists of a circle surrounded with flames. The word "DWYER" is written on top of the circle in bold black letters. Inside the letters is a white line. Inside the circle is a cartoonish lions head with the mane consisting of various feathers.
The applicant, Dwyer International Market, LLC, DBA Dwyer Spices, a limited liability company legally organized under the laws of Kansas, having an address of
      5325 SW 25TH Street
      Topeka, Kansas 66614
      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 030:  · Spices; Edible spices; Spices in the form of powders; Spice rubs; Spice blends; Spice mixes; Seasonings; Seasoning mixes; Seasoning rubs; Jerk seasoning; Food seasonings; Jerk sauce; Marinades; Sauces; Sauces for barbecued meat; Ready-made sauces; Grilling sauces; Hot sauce; Chicken wing sauce; Dipping sauces

In International Class 030, 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 10/15/2015, and first used in commerce at least as early as 10/15/2015, 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) photograph of label affixed to product packaging showing use of the mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Hillary Maynard. Other appointed attorneys are Kathryn T. Allen, Ari M. Bai, Corey M. Casey, Kory D. Christensen, Brad Crawford, Rhiannon D'Agostin, Elton F. Dean, III, Mark T. Deming, Brian B. Diekhoff, Derek D. Donahoe, Kate J. Doty, Gregory P. Durbin, Taryn A. Elliott, Jeffrey E. Fine, Timothy D. Fontes, Eric J. Hanson, Roberta J. Hanson, Gary E. Hood, L. Hannah Ji, S. Wade Johnson, J. Morgan Kirley, Gregory M. Kratofil, Jr.,Joshua M. McCaig, Daniel P. Mullarkey, Tara A. Nealey, Michael D. Pegues, Andrea M. Porterfield, Joshua Pranckun, Emily C. Peyser, Adam C. Rehm, Rebecca C. Riley-Vargas, Melvin J. Sims, Matthew J. Smith, Colby B. Springer, James M. Stipek, Lawrence A. Swain, Peter G. Thurlow, Matt Todd, Adam S. Weiss, Jason A. Wietjes, Michael A. Williamson, Laila S. Wolfgram, Spencer R. Wood, Patrick C. Woolley, and Timothy A. Worrall. Hillary Maynard of Polsinelli PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO BOX 140310
      Kansas City, Missouri 64114-0310
      United States
      312-463-6255(phone)
      312-819-1910(fax)
      uspt@polsinelli.com
The docket/reference number is 114406705238.
Hillary Maynard 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:

Hillary Maynard

PRIMARY EMAIL FOR CORRESPONDENCE: uspt@polsinelli.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): aporterfield@polsinelli.com; hmaynard@polsinelli.com; jolsen@polsinelli.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: /Andrea Porterfield/   Date: 10/19/2021
Signatory's Name: Andrea M. Porterfield
Signatory's Position: Attorney for Applicant, Missouri Bar Member
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97082487
Payment Accounting Date: 10/19/2021

Serial Number: 97082487
Internet Transmission Date: Tue Oct 19 20:47:03 ET 2021
TEAS Stamp: USPTO/BAS-X.XX.XX.XX-2021101920470341723
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5257fdc71c89d1db5c1e14d244f2a24f6c5-DA-4
7034187-20211019134354955666