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

---

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: 97182615

Filing Date: 12/21/2021

To the Commissioner for Trademarks:

MARK: BBQ TOUGH (stylized and/or with design, see mark)
The literal element of the mark consists of BBQ TOUGH. The color(s) red, black, white is/are claimed as a feature of the mark. The mark consists of black letters "BBQ" in a stylized font and white letters "TOUGH" in a stylized font on a red background.
The applicant, DULUXGROUP (AUSTRALIA) PTY LTD, a proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      1956 Dandenong Road
      CLAYTON, VICTORIA 3168
      Australia
      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 003:  Cleaning, polishing, scouring, and abrasive preparations; cloths and wipes impregnated with cleaning, polishing, scouring and abrasive preparations
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Australia application number 2233577, filed 12/03/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.





The owner's/holder's proposed attorney information: Deborah J Peckham. Other appointed attorneys are Brooke Penrose, Katherine Delos Reyes. Deborah J Peckham of Burns & Levinson 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
      125 High Street
      Boston, Massachusetts 02110
      United States
      617-345-3000(phone)
      617-345-3299(fax)
      trademarks@burnslev.com
The docket/reference number is 43104.15 T02.
Deborah J Peckham 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:

Deborah J Peckham

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@burnslev.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 $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: /Deborah J Peckham/   Date: 12/21/2021
Signatory's Name: Deborah J Peckham
Signatory's Position: Authorized Attorney, Massachusetts Bar Member
Signatory's Phone Number: 617-345-3000
Signature method: Sent to third party for signature
Payment Sale Number: 97182615
Payment Accounting Date: 12/21/2021

Serial Number: 97182615
Internet Transmission Date: Tue Dec 21 13:13:23 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20211221131323027
797-97182615-800f9c8fd261d27e9c29fdde483
56270a43f86ca8b95279941414b5dd36c1e9-CC-
13224378-20211221102630106523