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: 97223093

Filing Date: 01/17/2022

To the Commissioner for Trademarks:

MARK: BERKLEY JENSEN (Standard Characters, see mark)
The literal element of the mark consists of BERKLEY JENSEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, BJ's Wholesale Club, Inc., a corporation of Delaware, having an address of
      25 Research Drive
      Westborough, Massachusetts 01581
      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 012:  Folding wagon

In International Class 012, 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 02/00/2021, and first used in commerce at least as early as 02/00/2021, 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) a screen shot of applicant's website comprising point of sale material/display bearing the mark.

Original PDF file:
SPE0-45271915-20220105134 804119645_._BJ_-_Wagon.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.bjs.com/product/berkley-jensen-flat-folding-wagon-with-removable-wheels-drink-holders-and-side-chair-holders---navy-blue/3000000000002681865
Webpage Date of Access: 01/05/2022

International Class 018:  Luggage

In International Class 018, 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 07/00/2020, and first used in commerce at least as early as 07/00/2020, 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) a screen shot of applicant's website comprising point of sale material/display bearing the mark.

Original PDF file:
SPE0-45271915-20220105134 804119645_._BJ_-_Luggage.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.berkleyjensen.com/product/berkley-jensen-3-piece-expandable-spinner-set---black/3000000000001991779
Webpage Date of Access: 01/05/2022

International Class 021:  Planters for flowers and plants

In International Class 021, 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 02/00/2021, and first used in commerce at least as early as 02/00/2021, 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) a screen shot of applicant's website comprising point of sale material/display bearing the mark.

Original PDF file:
SPE0-45271915-20220105134 804119645_._BJ_-_Planter.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.berkleyjensen.com/product/berkley-jensen-22-whiskey-barrel-planter/3000000000003415755
Webpage Date of Access: 01/05/2022

International Class 022:  Canopies of textile or synthetic materials

In International Class 022, 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 02/00/2021, and first used in commerce at least as early as 02/00/2021, 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) a screen shot of applicant's website comprising point of sale material/display bearing the mark.

Original PDF file:
SPE0-45271915-20220105134 804119645_._BJ_Canopy.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.berkleyjensen.com/product/berkley-jensen-13-x-13-instant-canopy/3000000000002681755
Webpage Date of Access: 01/05/2022


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6577831, 5769809, 5069147, and others.


The owner's/holder's proposed attorney information: Christopher D. Casavale. Other appointed attorneys are John C. McElwaine. Christopher D. Casavale of Nelson Mullins Riley & Scarborough 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
      IP Department
      301 South College Street, Suite 2300
      Charlotte, North Carolina 28202
      United States
      843-534-4252(phone)
      ip@nelsonmullins.com

Christopher D. Casavale 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:

Christopher D. Casavale

PRIMARY EMAIL FOR CORRESPONDENCE: ip@nelsonmullins.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): chris.casavale@nelsonmullins.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 $1400 has been submitted with the application, representing payment for 4 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: /DanteDeliso/   Date: 01/17/2022
Signatory's Name: Dante Deliso
Signatory's Position: Senior Legal Counsel
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97223093
Payment Accounting Date: 01/18/2022

Serial Number: 97223093
Internet Transmission Date: Mon Jan 17 15:42:10 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202201171542109785
30-97223093-8106371a312df0ec1aae524ba6a5
558ea17d1e9a3cedc5128b1de443583739-DA-42
101142-20220105134804119645