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: 97348970

Filing Date: 04/06/2022

To the Commissioner for Trademarks:

MARK: WENDYVERSE (Standard Characters, see mark)
The literal element of the mark consists of WENDYVERSE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Quality Is Our Recipe, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      One Dave Thomas Boulevard
      Dublin, Ohio 43017
      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 009:  Virtual goods, namely, virtual food and drink products; digital media, namely, digital collectibles, digital tokens, non-fungible tokens, and digital art; digital cards that may be redeemed for or used towards the purchase of food, drink, and restaurant services in the virtual and real world; downloadable mobile application for ordering food and drink, viewing menus, and facilitating payment for food and drink; downloadable software which facilitates the ability of users to use digital currency; and downloadable mobile applications for ordering and managing customer accounts
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 085945, filed 03/10/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Online retail services featuring virtual goods; digital retail store services featuring downloadable and non-downloadable virtual goods in the nature food items and beverages; conducting an incentive program whereby individuals can earn real world and virtual rewards; arranging and conducting incentive reward programs to promote the sale of food and beverages; providing a mobile application featuring consumer product information in the fields of food and beverage, restaurants and food services; computerized online ordering services in the field of restaurant take-out and delivery; administration of a customer loyalty program which provides registered customers with free and discounted menu items; administration of a rewards program featuring virtual rewards that can be redeemed in the real or virtual world; customer loyalty services and customer club services for commercial, promotional and/or advertising purposes in the field of food and beverage sales and service
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 085945, filed 03/10/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  Entertainment services, namely, providing online virtual worlds featuring restaurants, food, and drink
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 085945, filed 03/10/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Online community for digital assets and 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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Jamaica application number 085945, filed 03/10/2022.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Tara M. Vold. Other appointed attorneys are all other attorneys with the firm. Tara M. Vold of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      8251 Greensboro Drive, Suite 520
      Tysons, Virginia 22102
      United States
      571-395-4631(phone)
      tmcentral@pirkeybarber.com
The docket/reference number is WEND282USF1.
Tara M. Vold 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:

Tara M. Vold

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmvirginia@pirkeybarber.com; tmlegal@wendys.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 $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: /Ryan M. Bednarczuk/   Date: 04/06/2022
Signatory's Name: Ryan M. Bednarczuk
Signatory's Position: Associate General Counsel
Signatory's Phone Number: 614-764-3100
Signature method: Sent to third party for signature
Payment Sale Number: 97348970
Payment Accounting Date: 04/06/2022

Serial Number: 97348970
Internet Transmission Date: Wed Apr 06 11:54:53 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202204061154537
67752-97348970-82040bb2afee96a1539e00f08
0bb30f564c31f2167532e8c79e588043ec342f1e
-CC-54521717-20220405123519241297