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: 97528095

Filing Date: 07/31/2022

To the Commissioner for Trademarks:

MARK: NICE (Standard Characters, see mark)
The literal element of the mark consists of NICE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ICD Retail, LLC, a limited liability company legally organized under the laws of Missouri, having an address of
      1413 DOLMAN ST
      Saint Louis, Missouri 63104
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 030:  Ice cream

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 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 06/01/2018, and first used in commerce at least as early as 06/01/2018, 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) photo of pint sold in grocery stores.
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4868284 and 5172000.

For informational purposes only, applicant's website address is: clementinescreamery.com
The owner's/holder's proposed attorney information: Emmett McAuliffe. Emmett McAuliffe of Riezman Berger PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      7700 Bonhomme Ave, Ste. 700
      Saint Louis, Missouri 63105
      United States
      314-727-0101(phone)
      rem@riezmanberger.com
The docket/reference number is 27761-016.
Emmett McAuliffe 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:

Emmett McAuliffe

PRIMARY EMAIL FOR CORRESPONDENCE: rem@riezmanberger.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 $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: /Emmett McAuliffe/   Date: 07/31/2022
Signatory's Name: Emmett McAuliffe
Signatory's Position: Attorney of record
Signatory's Phone Number: 314-727-0101
Signature method: Signed directly within the form
Payment Sale Number: 97528095
Payment Accounting Date: 08/01/2022

Serial Number: 97528095
Internet Transmission Date: Sun Jul 31 22:54:43 ET 2022
TEAS Stamp: USPTO/FTK-XX.XXX.XX.XXX-2022073122544302
5579-97528095-820b98fabb6b525f1f1c44f3a8
8c4a1683441572e9372edfd4261d25e5f9e353-C
C-54410329-20220731224801437711