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: 97118187

Filing Date: 11/10/2021

To the Commissioner for Trademarks:

MARK: TERRAIN (Standard Characters, see mark)
The literal element of the mark consists of TERRAIN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Urban Outfitters Wholesale, Inc., a corporation of Pennsylvania, having an address of
      5000 South Broad Street
      Philadelphia, Pennsylvania 19112
      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 009:  Downloadable virtual goods, namely, computer programs featuring gardening tools, indoor and outdoor furniture, plants, gardening tools and accessories for use online and in online virtual worlds
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:  Retail store services featuring virtual goods, namely, gardening tools, indoor and outdoor furniture, plants, gardening tools and accessories for use online; on-line retail store services featuring virtual merchandise, namely, gardening tools, indoor and outdoor furniture, plants, gardening tools and accessories
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:  Entertainment services, namely, providing on-line, non-downloadable virtual gardening tools, indoor and outdoor furniture, plants, gardening tools and accessories for use in virtual environments
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.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3636692 and 4281406.


The owner's/holder's proposed attorney information: Constance Boutsikaris. Other appointed attorneys are the firm of Morgan, Lewis & Bockius LLP, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, DANA S. GROSS, JANE W. WISE, CONSTANCE BOUTSIKARIS, REBECCA E. MCDOUGALL, RACHEL FERTIG, KIRAN JASSAL and MICHELLE S. RAYNES, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT, CARLA B. OAKLEY, SHARON R. SMITH, JENNA STOKES, GENE K. PARK and PETER BYRNE, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, ANDREW J. GRAY IV, member of the California Bar, located at 1400 Page Mill Road, Palo Alto, California 94304, and RACHELLE A. DUBOW, DAVID O. JOHANSON and AMELIA G. PENNINGTON, members of the Massachusetts Bar, all located at One Federal Street, Boston, Massachusetts 02110, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP. Constance Boutsikaris of Morgan, Lewis & Bockius 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
      Attention: TMSU
      1111 Pennsylvania Avenue, NW
      Washington, District of Columbia 20004-2541
      United States
      202-739-5601(phone)
      202.739.3001(fax)
      trademarks@morganlewis.com
The docket/reference number is 061823-0091.
Constance Boutsikaris 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:

Constance Boutsikaris

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@morganlewis.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kristin.altoff@morganlewis.com; connie.boutsikaris@morganlewis.com; felicia.gordon@morganlewis.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 $1050 has been submitted with the application, representing payment for 3 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: /Lena Saltos/   Date: 11/10/2021
Signatory's Name: Lena Saltos
Signatory's Position: Associate General Counsel
Signatory's Phone Number: 202-739-5601
Signature method: Sent to third party for signature
Payment Sale Number: 97118187
Payment Accounting Date: 11/10/2021

Serial Number: 97118187
Internet Transmission Date: Wed Nov 10 14:50:03 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202111101450030
77954-97118187-781d332afa0a3c8ebd7c2c13e
facdf6eb9cd73ab9732fa70d2f636c509758d750
-DA-50021732-20211108111813301906