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: 97263477

Filing Date: 02/11/2022

To the Commissioner for Trademarks:

MARK: FRANKLIN (Standard Characters, see mark)
The literal element of the mark consists of FRANKLIN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Diversified Foodservice Supply, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      607 W. Dempster St.
      Mount Prospect, Illinois 60056
      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:  Online retail store services featuring replacement parts, accessories and supplies in the nature of non-OEM parts, and OEM-equivalent parts for use in the commercial food service industry; Wholesale distributorship featuring replacement parts, accessories and supplies in the nature of non-OEM parts, and OEM-equivalent parts for use in the commercial food service industry; Online retail store services featuring equipment and supplies for restaurants, bakeries, bars, and concessions, namely, replacement parts, hardware, accessories and supplies in the nature of cooking, dishwashing, food-prep, ice-making and refrigeration equipment, electrical and gas appliances, plumbing equipment and plumbing fixtures, janitorial and cleaning supplies, cleaning preparations, restroom supplies, kitchen appliance equipment, kitchen tools, furniture, linens, dinnerware, disposables, paper goods, kitchen hardware, food and beverage preparation and service equipment and related accessories, washroom and maintenance equipment and supplies, office supplies and miscellaneous hardware, valves, timers and temperature indicators, chemical products, beverage containers, beverage accessories, paper goods, beverage equipment, refrigeration equipment, janitorial supplies, furniture, carts, chef wear, cookware, cutlery, food preparation accessories, food storage accessories, steam stable supplies, kitchen storage accessories, utinsils, warewashing accessories, catering supplies, countertop dispensers, serveware, signs, and tabletop supplies;Wholesale distributorship featuring equipment and supplies for restaurants, bakeries, bars, and concessions, namely, replacement parts, hardware, accessories and supplies in the nature of cooking, dishwashing, food-prep, ice-making and refrigeration equipment, electrical and gas appliances, plumbing equipment and plumbing fixtures, janitorial and cleaning supplies, cleaning preparations, restroom supplies, kitchen appliance equipment, kitchen tools, furniture, linens, dinnerware, disposables, paper goods, kitchen hardware, food and beverage preparation and service equipment and related accessories, washroom and maintenance equipment and supplies, office supplies and miscellaneous hardware, valves, timers and temperature indicators, chemical products, beverage containers, beverage accessories, paper goods, beverage equipment, refrigeration equipment, janitorial supplies, furniture, carts, chef wear, cookware, cutlery, food preparation accessories, food storage accessories, steam stable supplies, kitchen storage accessories, utinsils, warewashing accessories, catering supplies, countertop dispensers, serveware, signs, and tabletop supplies

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 06/15/2021, and first used in commerce at least as early as 06/15/2021, 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) Website screen capture showing the mark used in commerce.

Original PDF file:
SPE0-6512618722-202202091 92825101318_._Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.etundra.com/franklin/
Webpage Date of Access: 02/09/2022
Webpage URL: http://www.etundra.com/franklin/restaurant-parts/
Webpage Date of Access: 02/09/2022
Webpage URL: http://www.etundra.com/restaurant-parts/cooking-equipment-parts/thermostats/franklin-621094-20-to-220-degrees-dial-thermometer/
Webpage Date of Access: 02/09/2022



The owner's/holder's proposed attorney information: David S. Kerr. David S. Kerr of Berg Hill Greenleaf Ruscitti LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1712 Pearl St.
      Boulder, Colorado 80302
      United States
      303-402-1600(phone)
      303-402-1601(fax)
      docketing@bhgrlaw.com
The docket/reference number is 20005.00470.
David S. Kerr 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:

David S. Kerr

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@bhgrlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsk@bhgrlaw.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: /David S. Kerr/   Date: 02/11/2022
Signatory's Name: David S. Kerr
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 303-402-1600
Signature method: Signed directly within the form
Payment Sale Number: 97263477
Payment Accounting Date: 02/11/2022

Serial Number: 97263477
Internet Transmission Date: Fri Feb 11 14:04:30 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022021114043027
1184-97263477-810818af559ff8d0f79731f4dd
9cdb836d673237d71b8901095fe87510e0d8ec-C
C-04293327-20220211140056843927