TEAS Plus New 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

TEAS Plus Application

Serial Number: 97321912

Filing Date: 03/21/2022

To the Commissioner for Trademarks:

MARK: COLD STONE CREAMERY (Standard Characters, see mark)
The literal element of the mark consists of COLD STONE CREAMERY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, KAHALA FRANCHISING, LLC, a limited liability company legally organized under the laws of Arizona, having an address of
      9311 E. VIA DE VENTURA
      SCOTTSDALE, Arizona 85258
      United States
      480-362-4800(phone)
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable virtual goods, namely, computer programs featuring ice cream, frozen yogurt, sorbets and other frozen confections for use in online virtual worlds
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  Retail store services featuring virtual goods, namely, ice cream, frozen yogurt, sorbets and other frozen confections for use in online virtual worlds
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 041:  Entertainment services, namely, providing on-line, non-downloadable virtual restaurant and catering services for use in virtual environments created for entertainment purposes
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. (15 U.S.C. Section 1051(b)).


Disclaimer
No claim is made to the exclusive right to use CREAMERY apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3103205, 2779570, 2779566, and others.


The owner's/holder's proposed attorney information: JENNY MOODY. JENNY MOODY, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      9311 E VIA DE VENTURA
      SCOTTSDALE, Arizona 85258
      United States
      480-362-4800(phone)
      JMOODY@KAHALAMGMT.COM

JENNY MOODY 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:

JENNY MOODY

PRIMARY EMAIL FOR CORRESPONDENCE: JMOODY@KAHALAMGMT.COM        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): KAHALAIPDOMESTIC@KAHALAMGMT.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 $750 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: /Jenny Moody/   Date: 03/21/2022
Signatory's Name: Jenny Moody
Signatory's Position: Attorney of Record, Arizona Bar member
Signatory's Phone Number: 480-362-4800
Signature method: Signed directly within the form
Payment Sale Number: 97321912
Payment Accounting Date: 03/21/2022

Serial Number: 97321912
Internet Transmission Date: Mon Mar 21 12:17:35 ET 2022
TEAS Stamp: USPTO/FTK-XXX.XX.XX.XX-20220321121735857
647-97321912-8206ffbbf39ff66a799a1a72397
616e5f71c555798683572ba5a85d1342e7b161-C
C-17340282-20220321115919222964