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: 97258318

Filing Date: 02/08/2022

To the Commissioner for Trademarks:

MARK: SANTA'S GARDEN (Standard Characters, see mark)
The literal element of the mark consists of SANTA'S GARDEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, John Martinez, a citizen of United States, having an address of
      2900 SW 28 Lane, Apt. 806
      Miami, Florida 33133
      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 035:  RETAIL STORE SERVICES FEATURING HOLIDAY PRODUCTS, CHRISTMAS TREES AND STANDS; TREE FLOCKING SERVICES; WHOLESALE STORE SERVICES FEATURING CHRISTMAS TREES AND STANDS; FRANCHISE SERVICES, NAMELY, OFFERING BUSINESS MANAGEMENT ASSISTANCE IN THE ESTABLISHMENT AND OPERATION OF CHRISTMAS TREE AND HOLIDAY PRODUCT RETAILERS

In International Class 035, 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 11/30/2009, and first used in commerce at least as early as 11/30/2009, 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) Screen shot of applicant's Instagram social media page, showing the mark as used in respect of of the services rendered.

Original PDF file:
SPE0-81796138-20220208162 551406221_._Santas_Garden _Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://www.instagram.com/p/CXEFNpfL11d/
Webpage Date of Access: 02/08/2022



The owner's/holder's proposed attorney information: Heidi Tandy. Heidi Tandy, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      201 E. Las Olas Blvd., Suite 1500
      Fort Lauderdale, Florida 33301
      United States
      305-714-4370(phone)
      htandy@bergersingerman.com
The docket/reference number is 30734.6010.
Heidi Tandy 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:

Heidi Tandy

PRIMARY EMAIL FOR CORRESPONDENCE: htandy@bergersingerman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pbuckley@bergersingerman.com; berger_docketing@cardinal-ip.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 $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: /hht/   Date: 02/08/2022
Signatory's Name: Heidi Tandy
Signatory's Position: Attorney of Record, New York and Florida States Bar Member
Signatory's Phone Number: 305-714-4370
Signature method: Sent to third party for signature
Payment Sale Number: 97258318
Payment Accounting Date: 02/08/2022

Serial Number: 97258318
Internet Transmission Date: Tue Feb 08 17:10:48 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XX.XXX-202202081710484894
41-97258318-8105f53d8313a10325359b5ea28c
2885479b5a3c8f6494f6afb228530a2914a5b-CC
-10471264-20220208162551406221