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: 97087777

Filing Date: 10/22/2021

To the Commissioner for Trademarks:

MARK: AUBURN (stylized and/or with design, see mark)
The literal element of the mark consists of AUBURN. The color(s) orange, blue, and white is/are claimed as a feature of the mark. The mark consists of a three dimensional configuration of a football jersey in which the colors white, blue, and orange and the word AUBURN appear in specific areas of the football jersey. The color white covers the entire outer surface of the jersey, with the exception of the color blue that is on the depiction of the number located in the center chest area of the jersey, the word AUBURN in blue in the center chest area of the jersey above the number, the color blue that is on the depiction of the number located on both shoulders of the jersey, and the series of blue, white, and orange stripes that are depicted on the lower edge of each sleeve of the jersey. The dotted lines surrounding the numbers denote that a particular number is not claimed as a feature of the mark, and are used only to show the placement and location of the color and numbers on the jersey. The overall shape of the football jersey is also presented in dotted lines, and is not claimed as a feature of the mark.
The applicant, Auburn University, a state university legally organized under the laws of Alabama, having an address of
      105 O.D. Smith Hall
      Auburn, Alabama 36849
      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 041:  educational services, namely, providing courses of instruction at the university level; providing social activities and support services to students at the university level; arranging and conducting athletic competitions, athletic events, athletic tournaments and athletic exhibitions

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 00/00/2005, and first used in commerce at least as early as 00/00/2005, 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) player uniform, social media posts and web page.
JPG file(s):
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-54225156148-20211021 151742456309_._2020_Aubur n_Football_Media_Guide.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3052639, 2054439, 2045683, and others.


The owner's/holder's proposed attorney information: Timothy A. Bush. Timothy A. Bush of Dentons Sirote PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      2311 Highland Ave. S.
      Birmingham, Alabama 35205
      United States
      205-930-5282(phone)
      tim.bush@dentons.com
The docket/reference number is 22690-3.
Timothy A. Bush 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:

Timothy A. Bush

PRIMARY EMAIL FOR CORRESPONDENCE: tim.bush@dentons.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tiffany.mcclain@dentons.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: /Jennifer Blackmon/   Date: 10/22/2021
Signatory's Name: Jennifer Blackmon
Signatory's Position: Director, Office of Trademark Management and Licensing
Signatory's Phone Number: 3348445180
Signature method: Sent to third party for signature
Payment Sale Number: 97087777
Payment Accounting Date: 10/22/2021

Serial Number: 97087777
Internet Transmission Date: Fri Oct 22 11:53:09 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202110221153098
09262-97087777-781553268f2165c561fe7edbc
755b893cf4718ad2c2a9f7fbbf59dff59331af95
2-DA-53094654-20211021154350648830