TEAS Plus New 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

TEAS Plus Application

Serial Number: 97095548

Filing Date: 10/27/2021

To the Commissioner for Trademarks:

MARK: PORPOISE (stylized and/or with design, see mark)
The literal element of the mark consists of PORPOISE. The mark consists of the word "porpoise" appearing in lower case letters. A crescent shape appears above the word extending from the letter "i" to the left of the first letter "p." The crescent shape appears more thin above the letter "i," and more thick to the left of the first letter "p." A curved triangular shape extends upward from the middle of the crescent shape.
The applicant, Porpoise Pool & Patio, Inc., a corporation of Florida, having an address of
      6385 150th Avenue North
      Clearwater, Florida 33760
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 001:  Chemical analysis kit for testing swimming pool water; Diatomaceous earth; Reagent bearing test strips for testing swimming pool water

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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 taken March 17, 2020, showing images of product packaging bearing the mark and of a website page under TMEP 904.02(i) that constitutes a display associated with the goods because the specimen displays the mark in a manner associated with the goods, includes a picture or sufficient textual description of the relevant goods, and provides a means for ordering the goods.

Original PDF file:
SPE0-1-47206238139-202110 27092337214954_._Class_1.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://pinchapenny.com/shop/porpoise-pro-series-4-way-bromine-test-strips.html
Webpage Date of Access: 03/17/2020

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 006:  Metal hooks; Poles of metal

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 006, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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 taken March 17, 2020, showing images of product packaging bearing the mark and of a website page under TMEP 904.02(i) that constitutes a display associated with the goods because the specimen displays the mark in a manner associated with the goods, includes a picture or sufficient textual description of the relevant goods, and provides a means for ordering the goods.

Original PDF file:
SPE0-47206238139-20211027 092337214954_._Class_6.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://pinchapenny.com/shop/porpoise-aluminum-pole-hanger.html
Webpage Date of Access: 03/17/2020

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 007:  Swimming pool vacuum cleaners; Water pumps for swimming pools

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 007, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Thermometers not for medical purposes

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark and screenshot taken March 17, 2020, showing images of product packaging bearing the mark and of a website page under TMEP 904.02(i) that constitutes a display associated with the goods because the specimen displays the mark in a manner associated with the goods, includes a picture or sufficient textual description of the relevant goods, and provides a means for ordering the goods.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-1-47206238139-202110 27092337214954_._Class_9.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: pinchapenny.com/products/thermometer-tube-shape
Webpage Date of Access: 03/17/2020

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 011:  Swimming pool chlorinating apparatus; Swimming pool water cleaning and filtering units; Water filtration and purification units and replacement cartridges and filters therefor for swimming pools; Water fountains

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 011, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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 taken March 17, 2020, showing images of product packaging bearing the mark and of a website page under TMEP 904.02(i) that constitutes a display associated with the goods because the specimen displays the mark in a manner associated with the goods, includes a picture or sufficient textual description of the relevant goods, and provides a means for ordering the goods.

Original PDF file:
SPE0-47206238139-20211027 092337214954_._Class_11.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://pinchapenny.com/products/porpoise-waterfall-fountain.html
Webpage Date of Access: 03/17/2020

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 017:  Hoses made of vinyl for backwashing swimming pool filters and draining swimming pools; Plastic hoses for swimming pools

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 017, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 019:  Fitted swimming pool covers

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 019, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 020:  Inflatable pillows used under swimming pool covers to prevent winter ice damage; Non-metal hooks

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 020, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark.

Original PDF file:
SPE0-47206238139-20211027 092337214954_._Class_20.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 021:  Cleaning brushes for pools and pool equipment

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark.
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 022:  Swimming pool skimming nets; Unfitted swimming pool covers

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 022, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 10/27/2021, and first used in commerce at least as early as 10/27/2021, 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) product packaging for the goods bearing the mark and screenshot taken March 17, 2020, showing images of product packaging bearing the mark and of a website page under TMEP 904.02(i) that constitutes a display associated with the goods because the specimen displays the mark in a manner associated with the goods, includes a picture or sufficient textual description of the relevant goods, and provides a means for ordering the goods.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-47206238139-20211027 092337214954_._Class_22.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: pinchapenny.com/products/replacement-skimmer-net-fine-mesh-fits-02130301-sk
Webpage Date of Access: 03/17/2020



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2715540 and 6513870.


The owner's/holder's proposed attorney information: Nathan P. Suedmeyer. Other appointed attorneys are Herbert W. Larson; Justin P. Miller. Nathan P. Suedmeyer of Larson & Larson PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      11199 69th St N
      Largo, Florida 33773
      United States
      727-546-0660(phone)
      tmdocket@larsonpatentlaw.com
The docket/reference number is 119.204.
Nathan P. Suedmeyer 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:

Nathan P. Suedmeyer

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@larsonpatentlaw.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 $2500 has been submitted with the application, representing payment for 10 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: /Nathan P. Suedmeyer/   Date: 10/27/2021
Signatory's Name: Nathan P. Suedmeyer
Signatory's Position: Attorney of record, FL bar member
Signatory's Phone Number: 727-546-0660
Signature method: Signed directly within the form
Payment Sale Number: 97095548
Payment Accounting Date: 10/27/2021

Serial Number: 97095548
Internet Transmission Date: Wed Oct 27 15:45:28 ET 2021
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202110271545289
62385-97095548-7814c1032c76856cba4452a42
fc9394a154973ffd46f8d05299db4c3139ae3a0-
CC-45270178-20211027154341605776