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: 97131279

Filing Date: 11/18/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of a stylized design of a smiling whale.
The applicant, Vineyard Vines, LLC, a limited liability company legally organized under the laws of Connecticut, having an address of
      181 Harbor Drive
      Stamford, Connecticut 06902
      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 articles of clothing, belts, headwear, eyewear, eyewear accessories, bags, beverageware, phone accessories, fragrances and perfumery, jewelry, and towels 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 stores services featuring virtual goods, namely, articles of clothing, belts, headwear, eyewear, eyewear accessories, bags, beverageware, phone accessories, fragrances and perfumery, jewelry, and towels for use online and in online virtual worlds; on-line retail stores services featuring virtual merchandise, namely, articles of clothing, belts, headwear, eyewear, eyewear accessories, bags, beverageware, phone accessories, fragrances and perfumery, jewelry, and towels 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 041:  Entertainment services, namely, providing on-line, non-downloadable virtual articles of clothing, belts, headwear, eyewear, eyewear accessories, bags, beverageware, phone accessories, fragrances and perfumery, jewelry, and towels 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.




The owner's/holder's proposed attorney information: Michele M. Glessner. Other appointed attorneys are Larry C. Jones, George M. Taulbee, and Sara Miller, members of the North Carolina State Bar; Lauren Refinetti Timmons, a member of the Texas State Bar and the North Carolina State Bar; Nadya Munasifi Sand and Mary Grace Gallagher, members of the Georgia State Bar.. Michele M. Glessner of Alston & Bird 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
      101 South Tryon Street, Suite 4000
      Charlotte, North Carolina 28280-4000
      United States
      704-444-1124(phone)
      704-444-1111(fax)
      michele.glessner@alston.com
The docket/reference number is 62835/570934.
Michele M. Glessner 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:

Michele M. Glessner

PRIMARY EMAIL FOR CORRESPONDENCE: michele.glessner@alston.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elaine.hunt@alston.com; ipclt@alston.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: /Michele M. Glessner/   Date: 11/18/2021
Signatory's Name: Michele M. Glessner
Signatory's Position: Attorney of Record, North Carolina bar member
Signatory's Phone Number: 704-444-1124
Signature method: Sent to third party for signature
Payment Sale Number: 97131279
Payment Accounting Date: 11/18/2021

Serial Number: 97131279
Internet Transmission Date: Thu Nov 18 10:30:58 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2021111810305898
9444-97131279-781df6e93a8728e602b7ae2ce3
2b7e18fc2c72df53046f7eae7e2498437e165fa7
c-DA-30580570-20211118073937169186