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: 97435567

Filing Date: 05/31/2022

To the Commissioner for Trademarks:

MARK: fresh kitchen at GATE (stylized and/or with design, see mark)
The literal element of the mark consists of fresh kitchen at GATE. The color(s) purple, pink, green, orange and red is/are claimed as a feature of the mark. The mark consists of the stylized word "SWEET" in purple appearing above the stylized word "freez" with the f colored green, the r colored pink, each letter e colored purples, and the z colored orange, with the letters ee forming fruit with green leaves above them, all above the stylized words "soft serve" appearing in green and the words "at GATE" with the word "at" colored purples and word "GATE" colored red.
The applicant, Gate Petroleum Company, a corporation of Florida, having an address of
      9540 San Jose Blvd.
      Jacksonville, Florida 32257
      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:  retail convenience store services featuring self-serve soft serve ice cream; Self-serve soft serve ice cream shop services for consumption on and off premises; Restaurant services, namely providing self-serve soft serve ice cream;
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5509276, 5412396, 3539478, and others.


The owner's/holder's proposed attorney information: Richard S. Vermut. Other appointed attorneys are All attorneys in the firm. Richard S. Vermut of Driver, McAfee, Hawthorne & Diebenow, 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
      One Independent Drive, Suite 1200
      Jacksonville, Florida 32202
      United States
      904-807-8207(phone)
      904-301-1279(fax)
      RVermut@DriverMcAfee.com

Richard S. Vermut 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:

Richard S. Vermut

PRIMARY EMAIL FOR CORRESPONDENCE: RVermut@DriverMcAfee.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dboswell@DriverMcAfee.com; ipdocket@DriverMcAfee.com; JLadnier@DriverMcAfee.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: /Misty J. Skipper/   Date: 05/31/2022
Signatory's Name: Misty J. Skipper
Signatory's Position: Vice President, Marketing & Government Affairs
Signatory's Phone Number: 904-448-3008
Signature method: Sent to third party for signature
Payment Sale Number: 97435567
Payment Accounting Date: 05/31/2022

Serial Number: 97435567
Internet Transmission Date: Tue May 31 11:43:34 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2022053111433411
6735-97435567-82038def168ca2daa745a48ed8
c5186c0a16671fe88fd943edc187c2a159f2c65a
-CC-43321908-20220527164944243373