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: 98137911

Filing Date: 08/17/2023

To the Commissioner for Trademarks:

MARK: THUNDERBIRD (stylized and/or with design, see mark)
The literal element of the mark consists of THUNDERBIRD. The mark consists of a stylized silhouette of an eagle with wings spread wide. Centered within the silhouette is the word THUNDERBIRD.
The applicant, GARNEA, LLC, a limited liability company legally organized under the laws of Texas, having an address of
      1403 MLK INDUSTRIAL BLVD E
      LOCKHART, Texas 78644
      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 029:  Fruit-based meal replacement bars for boosting energy; Nut and seed-based snack bars; Nut- and dried fruit- based snack 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 029, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/10/2021, and first used in commerce at least as early as 03/10/2021, 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) Screenshots of website displaying Mark and providing the ability to purchase goods. Mark displayed on the packaging of the goods.

Original PDF file:
SPE0-2418019666-202303101 21323582204_._SPEC_29.35.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-2418019666-202303101 21323582204_._SPEC_29.35. 2pdf.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: URL and access dates are on the specimens
Webpage Date of Access: 03/10/2023

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  On-line retail store services featuring snack bars and nutritional supplement energy bars and meal replacement bars; Wholesale and retail store services featuring snack bars and nutritional supplement energy bars and meal replacement 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 035, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 04/20/2021, and first used in commerce at least as early as 04/20/2021, 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) Screenshots of website displaying Mark and providing the ability to purchase goods directly from the website.

Original PDF file:
SPE0-1-2418019666-2023031 0121323582204_._SPEC_29.3 5.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-2418019666-202303101 21323582204_._SPEC_35.2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-1-2418019666-2023031 0121323582204_._SPEC_29.3 5.2pdf.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

Webpage URL: URL and access dates are on the specimens
Webpage Date of Access: 03/10/2023



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5395116, 5385521, and 5391922.

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 11/01/2015, and in commerce at least as early as 11/01/2015.

Miscellaneous Statement
Applicant also owns application Serial No. 98077100 for the Mark THUNDERBIRD for use in connection with services in Class 35.


The owner's/holder's proposed attorney information: Brian A. Hall. Other appointed attorneys are Enrico Schaefer. Brian A. Hall of Traverse Legal PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      810 Cottageview Drive, Unit G-20
      Traverse City, Michigan 49684
      United States
      231-932-0411(phone)
      brianhall@traverselegal.com

Brian A. Hall 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:

Brian A. Hall

PRIMARY EMAIL FOR CORRESPONDENCE: brianhall@traverselegal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): pat@traverselegal.com; trademark@traverselegal.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 $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: /BAH/   Date: 08/17/2023
Signatory's Name: Brian A. Hall
Signatory's Position: Attorney of Record; Member State Bar of Michigan
Signatory's Phone Number: 231-932-0411
Signature method: Signed directly within the form
Payment Sale Number: 98137911
Payment Accounting Date: 08/17/2023

Serial Number: 98137911
Internet Transmission Date: Thu Aug 17 16:05:32 ET 2023
TEAS Stamp: USPTO/FTK-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20230817160533244269-98137911-
860a99f5c7cc8c9322f8168abd5167bf22ac45de
a1f7c96c123e2a7a617af7ac80-CC-05327738-2
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