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: 97490183

Filing Date: 07/06/2022

To the Commissioner for Trademarks:

MARK: HOLIDAY (Standard Characters, see mark)
The literal element of the mark consists of HOLIDAY. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Terra Nova Nurseries, Inc., a corporation of Oregon, having an address of
      10051 South Macksburg Road
      Canby, Oregon 97013
      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 031:  Ornamental live plants and natural flowers thereof, excluding Pisum, Beta vulgaris, Triticum, Cucumis, Cucurbita, Prunus, Rosa, Guzmania, and Zea mays varieties and related cultivars thereof

In International Class 031, 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 10/04/2017, and first used in commerce at least as early as 10/04/2017, 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) Screenshot Captures from Applicant's Website Showing Mark in Close Proximity to Goods with Availability to Purchase by Phone and Email Options at Top of First Page.

Original PDF file:
SPE0-38107150106-20220705 102420309921_.__to_Purcha se_by_Phone_and_Email_Opt ions_at_Top_of_First_Page.PDF
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.terranovanurseries.com/product/begonia-holiday-new-years-eve
Webpage Date of Access: 07/05/2022


Miscellaneous Statement
Please be advised that HOLIDAY has not, and will not, be used as a varietal name by the Applicant. To the best of the knowledge of the undersigned, HOLIDAY is also not used as a varietal name for plant goods by third parties, with the exception of varieties of Pisum, Beta vulgaris, Triticum, Cucumis, Cucurbita, Prunus, Rosa, Guzmania, and Zea mays plants. Further, outside of for varieties of the plant types discussed above, no plant patents, utility patents, plant breeders' rights certificates or certificates for plant variety protection have been identified under the wording "HOLIDAY" as a varietal name.


The owner's/holder's proposed attorney information: Cecilia R. Dickson. Other appointed attorneys are Richard L. Byrne, Registration No. 28,498; John W. McIlvaine, Registration No. 34,219; Lester N. Fortney, Registration No. 38,141; Randall A. Notzen, Registration No. 36,882; James G. Porcelli, Registration No. 33,757; Kent E. Baldauf, Jr., Registration No. 36,082; Christian E. Schuster, Registration No. 43,908; Kirk M. Miles, Registration No. 37,891; Nathan J. Prepelka, Registration No. 43,016; Patricia A. Olosky, Registration No. 53,411; Ann M. Cannoni, Registration No. 35,972; Lara Northrop Queen, Registration No. 55,502; James R. Franks, Registration No. 42,552; James J. Bosco, Jr., Registration No. 51,489; Thomas C. Wolski, Registration No. 55,739; Ryan J. Miller, Registration No. 56,236; Bryan P. Clark, Registration No. 60,465; Adam J. Komorowski, Registration No. 62,575; Julie A. Heitzenrater, Registration No. 64,443; Anthony W. Brooks, Registration No. 66,476; Bojan Popovic, Registration No. 66,737; Jesse A. Hirshman, Registration No. 40,016; Neil J. Friedrich, Registration No. 67,280; Justin P. Martinchek, Registration No. 66,211; Brian J. Jackson, Registration No. 68,157; Christian D. Ehret, Registration No. 69,743; Cecilia R. Dickson; Christopher P. Sherwin, Registration No. 67,923; Aaron A. Mace, Registration No. 61,812; Deborah M. Altman, Registration No. 42,259; Linda Pingitore, Registration No. 30,414; Michael J. Grese, Registration No. 71,295; Maximilian D. Meese, Registration No. 73,757; Adam M. Denmead, Registration No. 73,303; Frederick H. Colen, Registration No. 28,061; Steven D. Czajkowski, Registration No. 67,319; William C. Passodelis, Registration No. 68,355; Barry J. Coyne, Registration No. 43,566; Daniel J. Murray, Registration No. 78,354; David S. VanVliet, Registration No. 71,738; Ryan S. Fisher, Registration No. 80,275; Bridget E. Kearney; WooYoung Chang, Registration No. 80,568; Sima Lotfi; Angus James Knowles, Registration No. 77,581; Samuel C. Harrod, Registration No. 79,148; Julia G. Radefeld, Registration No. 78,629 and Nicholas R. Kocent. Cecilia R. Dickson of The Webb Law Firm, 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 Gateway Center - Suite 1200
      420 Ft. Duquesne Boulevard
      Pittsburgh, Pennsylvania 15222
      United States
      412-471-8815(phone)
      4124714094(fax)
      trademarks@webblaw.com
The docket/reference number is 9986-2204605.
Cecilia R. Dickson 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:

Cecilia R. Dickson

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@webblaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Patricia A. Olosky/   Date: 07/06/2022
Signatory's Name: Patricia A. Olosky, Reg. No. 53,411
Signatory's Position: Attorney of record, PA bar member no. 89,066
Signatory's Phone Number: 412-471-8815
Signature method: Signed directly within the form
Payment Sale Number: 97490183
Payment Accounting Date: 07/06/2022

Serial Number: 97490183
Internet Transmission Date: Wed Jul 06 08:59:30 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202207060859309
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f0454e286d98f41eebbbd518dd0cb36b054a9987
0-CC-59271624-20220706084432896987