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: 97759267

Filing Date: 01/18/2023

To the Commissioner for Trademarks:

MARK: KALEIDOSCOPE (stylized and/or with design, see mark)
The literal element of the mark consists of KALEIDOSCOPE. The applicant is not claiming color as a feature of the mark. The mark consists of an outer circle, with a flower in the center, with each tip of the flower being connected by six overlapping circles, with the literal element KALEIDOSCOPE curved above the outer circle.
The applicant, Kelly Brooke Ashley LLC, a limited liability company legally organized under the laws of Arizona, having an address of
      818 W. Devon Drive
      Gilbert, Arizona 85233
      United States
      520-882-1200(phone)
      520-884-1294(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 032:  Juice; Smoothies; Flavored water; nutrient water; Non-alcoholic drinks, namely, nutrient shots; Coffee and coffee substitutes; Prepared coffee and coffee-based beverages; Tea; Bakery goods; flatbreads; sandwiches; sandwich wraps; toast; waffles; smoothie bowls;

In International Class 032, 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 03/12/2018, and first used in commerce at least as early as 03/12/2018, 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) Images of the mark used on the products sold under the mark. Website screenshot showing use of the mark in connection with the goods, in International Class 032..

Original PDF file:
SPE0-6511715290-202301181 43319077741_._5542.00200_ US_POA_KALEIDOSCOPE_and_D esign_4859-2678-1505_v.2.pdf
Converted PDF file(s) (10 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Webpage URL: http://kaleidoscope-love.square.site/
Webpage Date of Access: 12/01/2022
Webpage URL: http://kaleidoscope-love.square.site/s/order?location=11ec2b7a118174bea346ac1f6bbbd01e
Webpage Date of Access: 12/01/2022




The owner's/holder's proposed attorney information: Gabrielle M. Morlock. Other appointed attorneys are R. Lee Fraley, Alvarez, J. Damon Ashcraft, David G. Barker, Haley Breedlove, Ross E. Breyfogle, Christopher Bright, Robert A. Clarke, John J. Dabney, Michelle Emeterio, Jonathan B. Fitzgerald, Andrew Flior, Christopher Franich, Albin H. Gess, Bryan Hancock, Kyle Graves, Deborah Gubernick, Mary D. Hallerman, Charles F. Hauff, Jr., Nathaniel Housel, James L. Johnson, Hyeon Kim, Richard Y. Kim, Peter Krehbiel, Aditya Krishnan, Grant T. Langton, Sid Leach, Kent A. Lembke, Anthony Marino, David P. Nigro, Paul A. Pappalardo, Cynthia L. Pillote, John H. Platt, Ryan D. Ricks, David E. Rogers, Gregory Scheiferstein, Howard I. Sobelman, Ketan S. Vakil, Allison Venezia, Tyler Wolf, April Wurster. Gabrielle M. Morlock of Snell & Wilmer L.L.P., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1500
      1 S Church Ave.
      Tucson, Arizona 85701
      United States
      520-882-1200(phone)
      520-884-1294(fax)
      ipdocket@swlaw.com

Gabrielle M. Morlock 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:

Gabrielle M. Morlock

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@swlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gmorlock@swlaw.com; shaig@swlaw.com; lfraley@swlaw.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: /gmm/   Date: 01/18/2023
Signatory's Name: Gabrielle M. Morlock
Signatory's Position: Attorney of Record, Arizona Bar Member
Signatory's Phone Number: 520-882-1200
Signature method: Signed directly within the form
Payment Sale Number: 97759267
Payment Accounting Date: 01/18/2023

Serial Number: 97759267
Internet Transmission Date: Wed Jan 18 14:51:19 ET 2023
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2023011814512039
0656-97759267-860faeb83df99eab5baca53b34
10184e2e539a178be76544538d96cc555736a8ac
-DA-51201134-20230118143319077741