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: 97644649

Filing Date: 10/24/2022

To the Commissioner for Trademarks:

MARK: kiwi (stylized and/or with design, see mark)
The literal element of the mark consists of kiwi. The color(s) green, black, and white is/are claimed as a feature of the mark. The mark consists of a green kiwi outlined in black with the word "kiwi" in black lower-case letters to the right of the kiwi.
The applicant, Kiwi Bar, Inc., a corporation of Delaware, having an address of
      29 West 36th Street
      New York, New York 10018
      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 042:  Providing online non-downloadable software for uploading, sharing, and transferring files for the purpose of file back up, sharing, and synchronization
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.




The owner's/holder's proposed attorney information: Andrew J. Olek. Other appointed attorneys are Scott E. Thompson. Andrew J. Olek of Lippes Mathias 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
      50 Fountain Plaza, Suite 1700
      Buffalo, New York 14202
      United States
      716-853-5100 x1289(phone)
      aolek@lippes.com

Andrew J. Olek 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:

Andrew J. Olek

PRIMARY EMAIL FOR CORRESPONDENCE: aolek@lippes.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): szimmer@lippes.com; rcook@lippes.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: /AJO/   Date: 10/24/2022
Signatory's Name: Andrew J. Olek
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 716-853-5100 x1289
Signature method: Signed directly within the form
Payment Sale Number: 97644649
Payment Accounting Date: 10/24/2022

Serial Number: 97644649
Internet Transmission Date: Mon Oct 24 11:52:09 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202210241152107
07705-97644649-820d6a23f3c5a6ab45c928daa
8ce583d0a052146fe04533f0dae9a12ccece156-
CC-52091539-20221024114543132492