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: 97918270

Filing Date: 05/03/2023

To the Commissioner for Trademarks:

MARK: Happy Frights (Standard Characters, see mark)
The literal element of the mark consists of Happy Frights. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Memoir Agency LLC, a limited liability company legally organized under the laws of Florida, having an address of
      2003 West Oakridge Road, Suite 800
      Orlando, Florida 32809
      United States
      407-425-7010(phone)
      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 041:  Art exhibitions; Entertainment services in the nature of production of interactive exhibitions; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Entertainment services in the nature of live visual and audio performances by an actor; Organizing community festivals featuring primarily live artistic performances and interactive audiovisual displays and also providing food and merchandise vendors and other experiences and exhibitions; Conducting entertainment exhibitions in the nature of walk-through interactive Halloween-themed light exhibits and installations, and musical and theatrical performances; Entertainment, namely, lighting production; Organizing and arranging exhibitions for entertainment purposes

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 041, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/28/2023, and first used in commerce at least as early as 04/28/2023, 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) One specimen is a screenshot of an Instagram post made on May 3, 2023 by the Applicant describing the Happy Frights event to followers (accessed May 3, 2023); the other specimen is a screenshot of a Facebook post made on April 28, 2023 by a representative of the Applicant (and referencing the Applicant) and describing the "Happy Frights" event to followers (accessed on May 3, 2023).
Specimen File1
Specimen File2

Webpage URL: instagram.com/p/Crx-GN2syTw/
Webpage Date of Access: 05/03/2023
Webpage URL: facebook.com/colenesmith
Webpage Date of Access: 05/03/2023


For informational purposes only, applicant's website address is: memoiragency.com
The owner's/holder's proposed attorney information: David Melvin. David Melvin of Zimmerman Kiser Sutcliffe P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      315 E. Robinson St., Suite 600
      Orlando, Florida 32801
      United States
      407-425-7010 x127(phone)
      dmelvin@zkslawfirm.com

David Melvin 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:

David Melvin

PRIMARY EMAIL FOR CORRESPONDENCE: dmelvin@zkslawfirm.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): brobbinson@zkslawfirm.com; corporate@zkslawfirm.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: /David Melvin/   Date: 05/03/2023
Signatory's Name: David Melvin
Signatory's Position: Attorney of record
Signatory's Phone Number: 407-425-7010 x127
Signature method: Signed directly within the form
Payment Sale Number: 97918270
Payment Accounting Date: 05/03/2023

Serial Number: 97918270
Internet Transmission Date: Wed May 03 11:28:42 ET 2023
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20230503112843
573072-97918270-8602057568750805b9789eaf
3443c75e732f81e27dc511c72b64922cef3d6297
-CC-28426636-20230503105946583316