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: 97259536

Filing Date: 02/09/2022

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The mark consists of an image of the top half of a pineapple set above three wavy lines.
The applicant, Chubbies, Inc., a corporation of Delaware, having an address of
      1306 W. Oltorf Street
      Austin, Texas 78704
      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 021:  Water bottles sold empty; aluminum water bottles sold empty; reusable plastic water bottles sold empty; tumblers for use as drinking glasses; drinking vessels; drinking glasses; drinking cups; bottle openers; non-electric bottle openers
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 025:  Shorts; casual shorts; sport shorts; lounge shorts; Bermuda shorts; golf shorts; denim shorts; athletic shorts; gym shorts; sweat shorts; swim suits; swim suit tops; swim suit bottoms; bikinis; swimwear; swim trunks; bathing suits; pants; casual pants; sport pants; lounge pants; stretch pants; jeans; capri pants; jogging pants; gym pants; track pants; athletic pants; yoga pants; sweatpants; shirts; flannel shirts; sleep shirts; woven shirts; knit shirts; performance shirts; short-sleeved shirts; tank tops; Henley shirts; t-shirts; sports shirts; polo shirts; button down shirts; hoodies; sweatshirts; pullovers; hats; baseball caps and hats; beanies; socks; ankle socks; boat socks; jackets; fleece jackets; woven jackets; denim jackets; pajamas; pajama bottoms; pajama tops; underwear; underwear, namely, boy shorts; long underwear; thermal underwear; scrub tops and pants not for surgical purposes; clothing, namely, base layers; tights; athletic tights; outerwear, namely, coats, hats, jackets; footwear; beach footwear; flip flops; sandals; slides in the nature of sandals
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:  Online retail store services featuring clothing and accessories; retail store services featuring clothing and accessories
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 010:  Scrub tops and pants for medical purposes; fashion masks being sanitary masks for protection against viral infection; sanitary masks made of cloth for protection against viral infection; clothing, headgear and footwear for medical personnel and patients; clothing, headgear and footwear for medical purposes; protective clothing for medical purposes; protective clothing for surgical purposes; medical treatment apparel; operating room apparel
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: Connie L. Ellerbach. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Connie L. Ellerbach of Fenwick & West 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
      801 California St; Attn:Trademark Docket
      Mountain View, California 94041
      United States
      650-988-8500(phone)
      trademarks@fenwick.com
The docket/reference number is 30118-00070.
Connie L. Ellerbach 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:

Connie L. Ellerbach

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.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 $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: /Kent Christensen/   Date: 02/08/2022
Signatory's Name: Kent Christensen
Signatory's Position: General Counsel
Signatory's Phone Number: Not Provided
Signature method: Sent to third party for signature
Payment Sale Number: 97259536
Payment Accounting Date: 02/09/2022

Serial Number: 97259536
Internet Transmission Date: Wed Feb 09 13:11:18 ET 2022
TEAS Stamp: USPTO/BAS-X.XX.XXX.XXX-20220209131118871
030-97259536-8109421cfb75af1e87a2939abe0
4eccb17f3fa334dfe63fffef123913aff29ea8-D
A-11183647-20220207192829019893