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: 97371989

Filing Date: 04/20/2022

To the Commissioner for Trademarks:

MARK: IDEA Center for Public Gardens (stylized and/or with design, see mark)
The literal element of the mark consists of IDEA Center for Public Gardens. The color(s) forest green, turquoise, ash, lime green is/are claimed as a feature of the mark. The mark consists of , beginning on the left side of the mark, a four-sided design: on the left side of that design are three forest-green petals laid on top of each other forming a solid shape and facing left, ninety-degrees clockwise of that shape is one turquoise petal facing up, ninety-degrees clockwise of the turquoise petal are three lime-green petals laid on top of each other forming a solid shape and facing right, and ninety-degrees clockwise of that lime-green shape is a shape consisting of two ash-colored petals connected at their base and facing down. To the right of the four-sided design is the word "IDEA" in all bold capital letters in a sans serif font. The "I" is the color turquoise, the "D" is the color forest green, the "E" is the color lime green, and the "A" is the color ash. On the line below the word "IDEA" are the words "CENTER FOR" in all capital letters, a sans serif font, and the color ash. The words "CENTER FOR" are about one-quarter the size of the words "IDEA" and begin immediately below the letter "I" in "IDEA" and end after the letter "E" in "IDEA." Below the words "CENTER FOR" are the words "Public Gardens" in a bold, sans serif font and the color ash. The words "Public Gardens" begin in line with the "C" in "CENTER FOR" and the "I" in "IDEA" and are about the same size as the words "CENTER FOR." The words "Public Gardens" terminate at the end of the "A" in "IDEA".
The applicant, DENVER BOTANIC GARDENS, INC., a non-profit corporation legally organized under the laws of Colorado, having an address of
      909 YORK STREET
      Denver, Colorado 80206
      United States
      303-825-7000(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 041:  Charitable education services, namely, providing funding for trainers and speakers in the field of diversity, equity, accessibility, and inclusion in public gardens; Educational services, namely, conducting conferences, symposia, and training programs in the field of public gardens and distribution of educational materials in connection therewith; Organizing exhibitions for diversity, equity, accessibility, and inclusion in public gardens

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/08/2022, and first used in commerce at least as early as 01/08/2022, 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) Mark as shown on American Public Gardens Association webpage.
Specimen File1

Webpage URL: http://www.publicgardens.org/news/article/idea-center-public-gardens%E2%84%A2-launched
Webpage Date of Access: 04/19/2022




The owner's/holder's proposed attorney information: Peter J Kirsch. Peter J Kirsch of Kaplan Kirsch & Rockwell LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      1675 Broadway Suite 2300
      Denver, Colorado 80202
      United States
      303-825-7000(phone)
      pkirsch@kaplankirsch.com

Peter J Kirsch 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:

Peter J Kirsch

PRIMARY EMAIL FOR CORRESPONDENCE: pkirsch@kaplankirsch.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): marketing@kaplankirsch.com; bsoane@kaplankirsch.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 $250 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: /s Peter J Kirsch/   Date: 04/20/2022
Signatory's Name: Peter J Kirsch
Signatory's Position: Attorney of record
Signatory's Phone Number: 303-825-7000
Signature method: Sent to third party for signature
Payment Sale Number: 97371989
Payment Accounting Date: 04/20/2022

Serial Number: 97371989
Internet Transmission Date: Wed Apr 20 12:51:05 ET 2022
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XX-2022042012510595
0884-97371989-820d658ed468bdfc2b0917aa4e
a513de98b1ed16e49dda31186fa86abdd4184ff4
0-CC-51040470-20220420115418790648