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: 97766812

Filing Date: 01/24/2023

To the Commissioner for Trademarks:

MARK: Polkadot (stylized and/or with design, see mark)
The literal element of the mark consists of Polkadot. The applicant is not claiming color as a feature of the mark. The mark consists of the word PolkaDot in stylized font where the letters "P" and "D" are capitalized and the remaining letters are in lowercase, except for the lowercase letter "a," which is stylized to replace the top of the "a" with a mushroom cap containing three full circles in the body, two semi-circles or partial ovals toward the top of the mushroom cap, and a squiggly line at the bottom of the mushroom cap.
The applicants, Clothing BGD LLC, a limited liability company legally organized under the laws of California, having an address of
      3727 W. Magnolia Blvd.
      Burbank, California 91505
      United States
      XXXX
Candy BGD LLC, a limited liability company legally organized under the laws of California, having an address of
      3727 W. Magnolia Blvd. #248
      Burbank, California 91505
      United States
      XXXX
request 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 005:  Dietary supplements; Dietary supplements for human beings; Dietary supplements for human beings and animals; Dietary supplements for humans; Dietary supplements for humans and animals; Dietary and nutritional supplements; Dietary and nutritional supplements containing mushrooms; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Nutritional supplements; Nutritional and dietary supplements formed and packaged as bars

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 005, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 05/24/2022, and first used in commerce at least as early as 05/24/2022, and is now in use in such commerce. The applicants are 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) image showing use of the mark in commerce in connection with nutritional and dietary supplements formed and packaged as bars..

Original PDF file:
SPE0-260040415a8dec008c71 7a413a553637-202301242140 34977915_._Specimen_for_N utritional_Supplements_Ap plication.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

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

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 025:  Hats; Graphic T-shirts; Hooded sweat shirts; Short-sleeve shirts; Short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; T-shirts; Wearable garments and clothing, namely, shirts
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. (15 U.S.C. Section 1051(b)).

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 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 05/24/2022, and first used in commerce at least as early as 05/24/2022, and is now in use in such commerce. The applicants are 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) image showing use of the mark in commerce in connection with clothing, namely shirts..

Original PDF file:
SPE0-260040415a8dec008c71 7a413a553637-202301242140 34977915_._Specimen_Showi ng_Use_of_the_Mark_in_Com merce.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

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



Use of the mark in another form
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 05/24/2022, and in commerce at least as early as 05/24/2022.

Miscellaneous Statement
The mark sought to be registered has been used in commerce since at least as early as 5/24/2022 for clothing in international class 025 (see serial no. 97721537).


The owner's/holder's proposed attorney information: Benjamin M. Rattner. Benjamin M. Rattner of Cermele & Wood LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      2 Westchester Park Dr. Ste. 110
      White Plains, New York 10604
      United States
      ben@cw.legal

Benjamin M. Rattner 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:

Benjamin M. Rattner

PRIMARY EMAIL FOR CORRESPONDENCE: ben@cw.legal        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 $500 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: /BMR/   Date: 01/24/2023
Signatory's Name: Benjamin M. Rattner
Signatory's Position: Attorney of Record
Signature method: Signed directly within the form

Signature: /BMR/   Date: 01/24/2023
Signatory's Name: Benjamin M. Rattner
Signatory's Position: Attorney of Record
Signature method: Signed directly within the form
Payment Sale Number: 97766812
Payment Accounting Date: 01/24/2023

Serial Number: 97766812
Internet Transmission Date: Tue Jan 24 22:52:41 ET 2023
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230124225243165629-97766812-
86039a792bd78a5c9829e5be2ba3cd618994d652
4eaf085e947a69d5859efdf7f62-CC-52411025-
20230124214034977915