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: 97805923

Filing Date: 02/22/2023

To the Commissioner for Trademarks:

MARK: WHITE LIGHTNING (Standard Characters, see mark)
The literal element of the mark consists of WHITE LIGHTNING. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Boars Night Out LLC, a limited liability company legally organized under the laws of Mississippi, having an address of
      7500 Dunn Lane
      Olive Branch, Mississippi 38654
      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:  Barbecue dry rub; Spice blends; Spice mixes; Spice rubs; Spices

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 05/00/2010, and first used in commerce at least as early as 05/00/2010, 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) screenshot of applicant's website where the goods can be purchased; photograph of goods bearing the mark.
JPG file(s):
Specimen File1
Original PDF file:
SPE0-2322816629-202302081 30543845993_._58457-US_Sp ecimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: http://bbqspot.com/collections/rub/products/boar-s-night-out-white-lightning-double-garlic-butter
Webpage Date of Access: 02/08/2023



The owner's/holder's proposed attorney information: Joan Optican Herman. Other appointed attorneys are Thomas B. Luebbering, Andrew G. Colombo, Scott R. Brown, Tracy L. Bornman, Michael B. Hurd, Kameron D. Kelly, Gregory J. Skoch, Cheryl L. Burbach, Randall W. Schwartz, Crissa A. Cook, Matthew Walters, Dianne M. Smith-Misemer, Paul J. Walker, Chad Kyle, Stephen Huggins, Kyle Mendenhall, C. Blair Barbieri, Darin McCollum, Chandler E. Schmidt, Denise Dantzler, and Lauren Byrne. Joan Optican Herman of HOVEY WILLIAMS 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
      10801 Mastin St., Suite 1000
      Overland Park, Kansas 66210
      United States
      913-647-9050(phone)
      913-647-9057(fax)
      tmdocketing.herman@hoveywilliams.com
The docket/reference number is 58457; 9008.
Joan Optican Herman 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:

Joan Optican Herman

PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing.herman@hoveywilliams.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmcintyre@hoveywilliams.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 $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: /Allen Smith/   Date: 02/22/2023
Signatory's Name: Allen Smith
Signatory's Position: Owner
Signatory's Phone Number: 913-647-9050
Signature method: Sent to third party for signature
Payment Sale Number: 97805923
Payment Accounting Date: 02/22/2023

Serial Number: 97805923
Internet Transmission Date: Wed Feb 22 12:10:01 ET 2023
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230222121002109058-97805923-
86069a930df1d4b988d42a8cbc03c5986d985fdf
79dbd262c71f26751ec2716448-DA-10015838-2
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