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: 97575363

Filing Date: 09/01/2022

To the Commissioner for Trademarks:

MARK: DAYTON (stylized and/or with design, see mark)
The literal element of the mark consists of DAYTON. The applicant is not claiming color as a feature of the mark. The mark consists of the word "DAYTON" with a stylized "D".
The applicant, University of Dayton, a corporation of Ohio, having an address of
      300 College Park
      Dayton, Ohio 45469
      United States
      513-707-0207(phone)
      5132416234(fax)
      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 025:  Tops; bottoms; t-shirts; sweatshirts; sweatpants; sweaters; turtlenecks; coats; jackets; cheerleading uniforms; neckties; shorts; windpants; golf shirts; windshirts; gloves; jerseys; socks; sleepwear; headwear; footwear; loungewear; infantwear; children's apparel, namely, cloth baby bibs, sleepwear, tops, bottoms, sweatshirts, headwear and footwear

In International Class 025, 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 07/00/2014, and first used in commerce at least as early as 07/00/2014, 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) Photographs of Applicant's mark being used on the goods listed in the application.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Educational services, namely, providing college and graduate level courses of instruction; entertainment services, namely, organizing and conducting collegiate athletic competitions and musical performances

In International Class 041, 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 07/00/2014, and first used in commerce at least as early as 07/00/2014, 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) Applicant's website showing use of the mark in connection with the services listed in the application.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-66117224159-20220901 154429467018_._Class_41_- _UOD-16.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided




The owner's/holder's proposed attorney information: Sarah Otte Graber. Other appointed attorneys are Theodore R. Remaklus, Kathryn E. Smith, Lori Krafte, Glenn Bellamy, Sean K. Owens, Julie F. Valdes. Sarah Otte Graber of Wood Herron & Evans LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      600 Vine Street
      Suite 2800
      Cincinnati, Ohio 45202
      United States
      513-707-0207(phone)
      5132416234(fax)
      sgraber@whe-law.com
The docket/reference number is UOD-16.
Sarah Otte Graber 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:

Sarah Otte Graber

PRIMARY EMAIL FOR CORRESPONDENCE: sgraber@whe-law.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): usptodock@whe-law.com; cjackson@whe-law.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 $700 has been submitted with the application, representing payment for 2 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: /Sarah O. Graber/   Date: 09/01/2022
Signatory's Name: Sarah Otte Graber
Signatory's Position: Attorney for Applicant, Ohio bar member
Signatory's Phone Number: 513-707-0207
Signature method: Sent to third party for signature
Payment Sale Number: 97575363
Payment Accounting Date: 09/01/2022

Serial Number: 97575363
Internet Transmission Date: Thu Sep 01 16:17:14 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202209011617156
10434-97575363-8205b7aa0a199e6ca30bf59d1
968f6f694cca1ece4634c472dfd12dd052d887d2
-CC-17141037-20220901154429467018