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: 97244851

Filing Date: 01/28/2022

To the Commissioner for Trademarks:

MARK: CHUBBY TUMMIES (stylized and/or with design, see mark)
The literal element of the mark consists of CHUBBY TUMMIES. The applicant is not claiming color as a feature of the mark. The mark consists of the words "CHUBBY TUMMIES" where "chubby" appears above the word "tummies" all in stylized font, all on the stomach of a caricature of a teddy bear wearing a baseball hat and holding a donut in its right hand and a drinking cup with a straw in its left hand.
The applicant, Anker Play Products, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      420 Lincoln Road, Suite 257
      Miami Beach, Florida 33139
      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 003:  Beauty kits consisting primarily of cosmetics, lipstick, lip color, lip gloss, eyeshadow, eyeliner, mascara, blush; cosmetic kits consisting primarily of lipstick, lip color, lip gloss, eyeshadow, eyeliner, mascara, blush; nail care preparations; hair grooming preparations, namely, hair coloring preparations, hair curling preparations, hair styling preparations, all of the aforementioned goods being for children and young teenagers only
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 016:  Arts and craft drawing, coloring, and painting kits consisting primarily of paints, paper, chalk, stickers, pencils, printed paper, colored paper, magnetic strips of paper, glitter glue for stationery purposes, colored pencils, pens, markers, crayons, craft glue for stationery or household purposes, items made of ethylene-vinyl acetate in the nature of ethylene-vinyl acetate film for wrapping, and also including felt cloth, arts and crafts pompoms, pipe cleaners, decorative glitter, plastic foam used for arts and crafts, scissors, sequins, balsa wood, all of which are for use in decorating pillows and jewelry boxes primarily made of wood and paper; paper and card-based craft kits consisting primarily of paper, cardboard, pencils, colored pencils, pens, markers, and also including glue for stationery or household purposes; chalk; printed flash cards; modeling compounds
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 028:  Stuffed and plush toys; toy figures; toy wrist bands; toy key rings featuring plush trinkets attached thereto; plush pillows being toys; puzzles; puzzles packaged in bags; puzzles packaged in tins; bubble toys, namely, bubble making wand and solution sets; bubble blowing toys, namely, bubble blowing guns; magic cards, namely, playing cards for use in magic tricks; toy modeling compound kits comprised of toy modeling dough sold as a unit with instruction manual; hobby craft kits for making customizable toy race cars from wood and cardboard; board games; card games; travel games, namely, board games and card games; inflatable pool toys; inflatable pool rafters; inflatable pool inner tubes for recreational use; water toys, namely, dive sticks, dive toys, dive rings, torpedo divers, floating toys, skimming toys, water footballs, water baseballs, water balls, water disks, bouncing water toys, water blasters, toy water guns, floating torpedoes, foam puzzles, toy foam building sets, paddle ball games; toy lacrosse game sets comprised of lacrosse sticks, lacrosse balls, lacrosse gloves, baseballs, baseball bats, and baseball gloves; toy water gliders, toy fishing games, namely, dive and fetch games and play toy fishing games; floating toy creatures, floating toy animals, water and pool games, namely, dive and catch games with plastic dive sticks; garden games, namely, croquet sets; garden toys, namely, ring toss, bowling sets, tennis sets, badminton sets, water balloon game sets, baseball bat and ball game sets, snakes and ladders, tic tac toe, yard checkers, yard chess, tomahawk toss, archery sets, lawn dart games, bocce ball, capture-the-flag games, basketball hoop and ball games, volleyball game sets, yard dominoes, yard dice, and yard ping pong-style games
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: Joseph V. Myers III. Other appointed attorneys are Amy A. Abeloff. Joseph V. Myers III of Seyfarth Shaw 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
      1075 Peachtree Street N.E., Suite 2500
      Atlanta, Georgia 30309
      United States
      404-885-1500(phone)
      tmatlanta@seyfarth.com
The docket/reference number is 108211-1.
Joseph V. Myers III 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:

Joseph V. Myers III

PRIMARY EMAIL FOR CORRESPONDENCE: tmatlanta@seyfarth.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketatlanta@seyfarth.com; aabeloff@seyfarth.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: /Amy A. Abeloff/   Date: 01/28/2022
Signatory's Name: Amy A. Abeloff
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 310-201-9339
Signature method: Signed directly within the form
Payment Sale Number: 97244851
Payment Accounting Date: 01/28/2022

Serial Number: 97244851
Internet Transmission Date: Fri Jan 28 21:51:56 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.X-202201282151565205
59-97244851-8106afee030a32f5dca183ac6489
7fc69155be58111e51fa2a204923353a79-DA-51
562277-20220128214337648237