Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1056411
`
`Filing date:
`
`05/19/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Peja Inc.
`
`Corporation
`
`188 Mariner Boulevard
`Spring Hill, FL 34609
`UNITED STATES
`
`Citizenship
`
`Florida
`
`Attorney informa-
`tion
`
`Steven M Forte
`Smith & Hopen, P.A.
`180 Pine Avenue North
`Oldsmar, FL 34677
`UNITED STATES
`trademarks@smithhopen.com, steven.forte@smithhopen.com
`813.925.8505
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5575238
`
`Registration date
`
`10/02/2018
`
`Registrant
`
`MAD ITALIAN PIZZA, LLC
`9123 LITTLE ROAD
`NEW PORT RICHEY, FL 34654
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 043. First Use: 2016/03/14 First Use In Commerce: 2016/03/14
`All goods and services in the class are subject to cancellation, namely: Restaurant services
`
`Grounds for Cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
`
`Fraud on the USPTO
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Mark Cited by Petitioner as Basis for Cancellation
`
`U.S. Application
`No.
`
`88918410
`
`Application Date
`
`05/15/2020
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`SLICE OF LIFE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 043. First use: First Use: 2012/01/27 First Use In Commerce: 2012/01/27
`Restaurant services
`
`88918410#TMSN.png( bytes )
`3567.02 Petition to Cancel - Final .pdf(92616 bytes )
`Exhibit A.pdf(184112 bytes )
`Exhibit B.pdf(427958 bytes )
`Exhibit C.pdf(533226 bytes )
`Exhibit D.pdf(50302 bytes )
`Exhibit E.pdf(560294 bytes )
`
`Signature
`
`Name
`
`Date
`
`/steven m forte/
`
`Steven M. Forte
`
`05/19/2020
`
`

`

`Docket No. 3567.02
`
`
`
`
`TRADEMARKS
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Peja Inc.,
`
`A Florida Profit Corporation
`Petitioner
`
`
`
`Mad Italian Pizza LLC,
` A Florida Limited Liability Company
`Respondent
`
`
`v.
`
`In the matter of Registration No. 5,575,238
`
`For the mark, THE ORIGINAL SLICE OF
`LIFE PIZZERIA
`
`Date registered October 2, 2018
`
`Cancellation No.: N/A
`
`
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`PETITION FOR CANCELLATION
`
`
`
`
`
`Peja Inc. (hereinafter “Petitioner”), a profit corporation, duly organized and existing under
`
`the laws of Florida, having a principal place of business located at 188 Mariner Boulevard, Spring
`
`Hill, Florida 34609, by its attorneys, believes that it is damaged by the registration of the mark
`
`shown in Registration No. 5,575,238, issued on October 2, 2018, for the mark THE ORIGINAL
`
`SLICE OF LIFE PIZZERIA (See Exhibit A) (hereinafter “the Registration”), owned by Mad Italian
`
`Pizza LLC (hereinafter “Respondent”), a limited liability company, duly organized and existing
`
`under the laws of Florida, having a principal place of business located at 9123 Little Road, New
`
`Port Richey, Florida 34654, and hereby petitions for cancellation of same under the provisions of
`
`15 U.S.C. § 1064(1). The grounds for cancellation are as follows:
`
`
`
`1
`
`

`

`Docket No. 3567.02
`
`
`
`
`TRADEMARKS
`
`
`
`
`
`
`
`
`
`
`
`COUNT I
`
`(Priority and Likelihood of Confusion)
`
`1. Petitioner is engaged in “restaurant services” under both the SLICE OF LIFE design mark
`
`(See Exhibit B) and SLICE OF LIFE word mark (See Exhibit C) (hereinafter “the Collective
`
`Marks”). Petitioner has continuously used the Collective Marks in the United States in
`
`connection with its restaurant services since at least as early as January 27, 2012.
`
`2. Since 2012, Petitioner has invested and continues to invest considerable time, money, and
`
`effort to promote and establish the reputations of the Collective Marks, as well as to identify
`
`the Petitioner as the source of its restaurant services under the Collective Marks, and as a
`
`result, has well-established common-law trademark rights in the Collective Marks.
`
`3. The Collective Marks are recognized and relied upon by the relevant consumers as
`
`identifying Petitioner’s services, distinguishing Petitioner’s services from those of others.
`
`As such, the Collective Marks represent and symbolize valuable goodwill belonging
`
`exclusively to Petitioner.
`
`4. On May 15, 2020, Petitioner filed U.S. Application Serial No. 88/918,410 for SLICE OF
`
`LIFE in International Class 043 for: “Restaurant services,” (See Exhibit D) (hereinafter
`
`“Petitioner’s Application”).
`
`5. Respondent filed the Registration for “restaurant services” on February 23, 2018, claiming
`
`2
`
`

`

`Docket No. 3567.02
`
`
`
`
`TRADEMARKS
`
`a date of first use in commerce of March 14, 2016.
`
`6. The services and mark of the Registration are identical or nearly identical to the services
`
`and mark of the Petitioner’s Application.
`
`7. Respondent’s Registration has been registered for less than five years and Petitioner is
`
`entitled to seek cancellation of the Registration pursuant to 15 U.S.C. § 1064(1).
`
`8. By virtue of the foregoing, if the Registration is permitted to remain on the Principle
`
`Register with all rights and privileges conferred on the Registration, Petitioner will be
`
`damaged as Petitioner’s Application is likely to be refused registration based on the
`
`Registration. Therefore, Respondent will enjoy an unlawful gain and advantages to which
`
`it is not entitled under the Lanham Act, 15 USC §§ 1051 et seq.
`
`
`
`COUNT II
`
`(Fraud)
`
`
`9. Petitioner repeats and incorporates by reference the averments in paragraphs 1 – 8.
`
`10. Prior to the filing date of U.S. Registration No. 5,575,238, Petitioner and Respondent’s
`
`businesses shared a common predecessor in interest.
`
`11. Petitioner’s business is located only 16.7 miles from Respondent’s business (See Exhibit E).
`
`12. In the formal application papers for the Registration filed by Respondent under 15 U.S.C.
`
`§1051(a), on February 23, 2018, an authorized agent of Respondent declared that no other
`
`person, firm, corporation, or association, to the best of his or her knowledge and belief, has
`
`
`
`3
`
`

`

`Docket No. 3567.02
`
`
`
`
`TRADEMARKS
`
`the right to use such mark in commerce either in the identical form of the mark or in such
`
`near resemblance of the mark to as to be likely, when used on or in connection with the
`
`goods of such other person, firm, corporation, or association, to cause confusion, mistake,
`
`or deception.
`
`13. Evidenced by the common predecessor in interest and the business’s close proximity to one
`
`another, the Registration was obtained fraudulently, because Respondent was aware of
`
`Petitioner’s continuous use of the Collective Marks in connection with restaurant services
`
`prior to the filing date of the Registration. Accordingly, Respondent’s declaration was made
`
`with knowledge and belief that said statement was false, and with the intent to induce
`
`authorized agents of the USPTO, including the examining attorney, to grant the
`
`Registration. Reasonably relying upon the truth of said false statement, the USPTO did, in
`
`fact, grant the Registration.
`
`14. By virtue of the foregoing, if the Registration is permitted to remain on the Principle
`
`Register with all rights and privileges conferred on the Registration, Petitioner will be
`
`damaged as Petitioner’s Application is likely to be refused registration based on the
`
`Registration. Therefore, Respondent will enjoy an unlawful gain and advantages to which
`
`it is not entitled under the Lanham Act, 15 USC §§ 1051 et seq.
`
`
`
`
`
`WHEREFORE, Petitioner prays that the Registration be cancelled pursuant to 15 U.S.C. §
`
`1064(3).
`
`
`
`
`
`
`
`4
`
`

`

`Docket No. 3567.02
`
`
`
`
`TRADEMARKS
`
`
`
`
`
`
`
`Dated: May 19, 2020
`
`
`
`
`
`
`
`Very respectfully,
`
`SMITH & HOPEN, P.A.
`
`
`
` By: /Steven M. Forte/
`
`Steven M. Forte
`180 Pine Avenue North
`Oldsmar, Florida 34677
`(813) 925 – 8505 telephone
`(800) 726 – 1491 fax
`trademarks@smithhopen.com
`Attorneys for Petitioner
`
`
`
`
`
`
`
`
`
`
`5
`
`

`

`Docket No. 3567.02
`
`
`
`
`TRADEMARKS
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certified that on May 19, 2020 a true and correct copy of the
`
`Petition to Cancel was served via email on the Respondent’s Attorney of Record, Nathan P.
`Suedmeyer at the following email addresses:
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 19, 2020
`
`tmdocket@larsonpatentlaw.com
`
`AND
`
`nathan@larsonpatentlaw.com
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`/Steven M. Forte/
`Steven M. Forte
`180 Pine Avenue North
`Oldsmar, Florida 34677
`(813) 925 – 8505 telephone
`(800) 726 – 1491 fax
`trademarks@smithhopen.com
`Attorneys for Petitioner
`
`
`
`
`
`6
`
`

`

`Exhibit A
`
`Exhibit A
`
`

`

`Reg. No. 5,575,238
`
`Registered Oct. 02, 2018
`
`MAD ITALIAN PIZZA, LLC  (FLORIDA LIMITED LIABILITY COMPANY)
`9123 Little Road
`New Port Richey, FLORIDA 34654
`
`Int. Cl.: 43
`
`Service Mark
`
`Principal Register
`
`CLASS 43: Restaurant services
`
`FIRST USE 3-14-2016; IN COMMERCE 3-14-2016
`
`The color(s) yellow, orange, black, red, gray, white, and tan is/are claimed as a feature of the
`mark.
`
`The mark consists of the words "The Original" in yellow font with black outlining appearing
`to the upper left of a pizza and pizza slice design with a pizza slice separated from the pizza
`positioned on top of a gray pan, the pizza comprised of red pepperoni, orange cheese, and tan
`crust with red and yellow with black outlining curly design elements appearing in the upper
`half and lower half of the pizza design with the wording "SLICE OF LIFE" in gray and white
`font with black outlining appearing in the middle of the pizza design with the word "Pizzeria"
`underneath the pizza design in black font with white outlining.
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"ORIGINAL" AND "PIZZERIA"
`
`SER. NO. 87-808,590, FILED 02-23-2018
`
`

`

`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`Requirements in the First Ten  Years*
`What and When to File:
`
`First Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
`
`years after the registration date.
`
` See 15 U.S.C. §§1058, 1141k.
`
` If the declaration is accepted, the
`
`registration will continue in force for the remainder of the ten-year period, calculated from the registration
`
`date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
`
`Second Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) and an Application
`
`for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
` and  an  Application for Renewal
`You must file a Declaration of Use (or Excusable Nonuse)
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above with
`the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS:  The holder of an international registration with an
`extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
`(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
`The time periods for filing are based on the U.S. registration date (not the international registration date).  The
`deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
`nationally issued registrations.  See 15 U.S.C. §§1058, 1141k.  However, owners of international registrations
`do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
`international registration at the International Bureau of the  World Intellectual Property Organization, under
`Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
`date of the international registration.  See 15 U.S.C. §1141j.  For more information and renewal forms for the
`international registration, see http://www.wipo.int/madrid/en/.
`
`NOTE:  Fees and requirements for maintaining registrations are subject to change.  Please check the
`USPTO website for further information.
` With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online at h
`ttp://www.uspto.gov.
`
`NOTE:  A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic  Application System (TEAS) Correspondence  Address and Change of Owner  Address Forms
`available at http://www.uspto.gov.
`
`Page: 2 of 2 / RN # 5575238
`
`

`

`Exhibit B
`
`Exhibit B
`
`

`

`
`
`

`

`Exhibit C
`
`Exhibit C
`
`

`

`(cid:54)(cid:47)(cid:44)(cid:38)(cid:40)(cid:3)(cid:50)(cid:41)(cid:3)(cid:47)(cid:44)(cid:41)(cid:40)
`
`SLICE OF LIFE
`
`

`

`Exhibit D
`
`Exhibit D
`
`

`

`Filing Receipt for Trademark/Service Mark Application for Registration
`on the Principal Register
`and Next Steps in the Application Process
`
`Thank you for submitting your trademark application to the U.S. Patent and Trademark Office
`(USPTO). This filing receipt confirms your mark and serial number, describes next steps in the
`application process, and includes the information submitted in your application. Please read this receipt
`carefully and keep a copy for your records.
`
`For an overview of important things to know after filing your application, visit our website to read the
`After You File page and watch video number 9 "After You File."
`
`1. Your mark. SLICE OF LIFE (Standard Characters, mark.jpg)
`The literal element of the mark consists of SLICE OF LIFE. The mark consists of standard characters,
`without claim to any particular font style, size, or color.
`
`2. Your serial number. Your application was assigned serial number '88918410'. You must refer to
`your serial number in all communications about your application.
`
`3. What happens next—legal examination.  Your mark will not be registered automatically. In
`approximately three months, your application will be assigned to a USPTO examining attorney for
`review. The attorney will determine if your application meets all applicable legal requirements, and if it
`doesn't you will be notified in an email with a link to the official Office action (official letter from the
`USPTO). Visit our website for an explanation of application process timelines.
`
`If your mark includes a design element, we will assign it one or more design search codes. We will
`notify you of these codes within the next few weeks and you can suggest that we add or delete a design
`search code from your file.
`
`4. Keep your addresses current in USPTO records. We do not extend filing deadlines if you do not
`receive USPTO mail or email. If your postal address or email address changes, you must update the
`correspondence or owner's address using the address forms on our website.
`
`5. Check your application status in our database every three to four months. To be sure that you
`don't miss an important email from us, and to avoid the possible abandonment of your application,
`check your application status and review your documents in our database, Trademark Status and
`Document Retrieval (TSDR), every three to four months.
`
`6. Warning about private companies offering trademark-related services. Private companies may
`send you communications that resemble official USPTO communications. These private companies are
`not associated with the USPTO. All official correspondence will be from the "United States Patent and
`Trademark Office" in Alexandria, Virginia, and from emails with the domain "uspto.gov." If you are
`unsure about whether the correspondence is from us, check your records in our database, TSDR. Visit
`our website for more information on trademark-related communications that may resemble official
`USPTO communications.
`
`7. Questions? Please visit our website, email us, or call us at 1-800-786-9199 and select option 1.
`
`

`

`8.  Application data. If you find an error in the data below, visit the After You File page on our
`website for information on correcting errors.
`
`The information submitted in the application appears below:
`
`Trademark/Service Mark Application, Principal Register
`TEAS Plus Application
`NOTE: Data fields with the * are mandatory. The wording "(if applicable)" appears where the
`field is only mandatory under the facts of the particular application.
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`TEAS Plus
`
`MARK INFORMATION
`
`*MARK
`
`*STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`YES
`
`mark.jpg
`
`YES
`
`YES
`
`LITERAL ELEMENT
`
`SLICE OF LIFE
`
`*MARK STATEMENT
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*MAILING ADDRESS
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`The mark consists of standard characters, without
`claim to any particular font style, size, or color.
`
`Peja Inc.
`
`188 Mariner Boulevard
`
`Spring Hill
`
`Florida
`
`*COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY
`
`United States
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international
`addresses)
`
`34609
`
`*EMAIL ADDRESS
`
`arjan@scottishamerican.com
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`*
`
`CORPORATION
`
`

`

`STATE/COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY OF INCORPORATION
`
`Florida
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`*INTERNATIONAL CLASS
`
`043 
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`Restaurant services
`
`SECTION 1(a)
`
`       FIRST USE ANYWHERE DATE
`
`At least as early as 01/27/2012
`
`       FIRST USE IN COMMERCE DATE
`
`At least as early as 01/27/2012
`
`       SPECIMEN FILE NAME(S)
`
`       
`
`       SPECIMEN DESCRIPTION
`
`SPE0-97767926-20200515150
`950010993_._Front_of_Pizz eria.pdf
`
`SPE0-97767926-20200515150
`950010993_._Slice_of_Life
`_Website_Screenshot.pdf
`
`Photo of store front and website screenshot of
`www.sliceoflifenypizza.com downloaded on May
`15, 2020.
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`ATTORNEY INFORMATION
`
` 
`
` 
`
` 
`
` 
`
` 
`
`NAME
`
`Steven M. Forte
`
`ATTORNEY DOCKET NUMBER
`
`ATTORNEY BAR MEMBERSHIP NUMBER
`
`YEAR OF ADMISSION
`
`U.S. STATE/ COMMONWEALTH/ TERRITORY
`
`3567.01
`
`1010712
`
`2018
`
`Florida
`
`FIRM NAME
`
`STREET
`
`Smith & Hopen, P.A.
`
`180 Pine Ave. North
`
`

`

`CITY
`
`STATE
`
`COUNTRY/REGION/JURISDICTION/U.S.
`TERRITORY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`Oldsmar
`
`Florida
`
`United States
`
`34677
`
`813-925-8505
`
`800-726-1491
`
`EMAIL ADDRESS
`
`trademarks@smithhopen.com
`
`OTHER APPOINTED ATTORNEY
`
`Anton J. Hopen, Andriy Lytvyn, Nicholas Pfeifer,
`Michele L. Lawson, Paul Murty
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`Steven M. Forte
`
`PRIMARY EMAIL ADDRESS FOR
`CORRESPONDENCE
`
`SECONDARY EMAIL ADDRESS(ES)
`(COURTESY COPIES)
`
`FEE INFORMATION
`
`trademarks@smithhopen.com
`
`NOT PROVIDED
`
`APPLICATION FILING OPTION
`
`TEAS Plus
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER
`CLASS
`
`*TOTAL FEES DUE
`
`*TOTAL FEES PAID
`
`SIGNATURE INFORMATION
`
`* SIGNATURE
`
`* SIGNATORY'S NAME
`
`1
`
`225
`
`225
`
`225
`
`/steven m forte/
`
`Steven M. Forte
`
`* SIGNATORY'S POSITION
`
`Attorney of Record, Florida Bar Member
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`813-925-8505
`
`05/15/2020
`
`

`

`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 88918410
`Filing Date: 05/15/020
`To the Commissioner for Trademarks:
`
`The applicant, Peja Inc., a corporation of Florida, having an address of
`      188 Mariner Boulevard
`      Spring Hill, Florida 34609
`      United States
`      arjan@scottishamerican.com
`
`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 043:  Restaurant services
`
`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 043, the mark was first used by the applicant or the applicant's related company
`or licensee predecessor in interest at least as early as 01/27/2012, and first used in commerce at least as
`early as 01/27/2012, 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) Photo of store front and website screenshot of
`www.sliceoflifenypizza.com downloaded on May 15, 2020..
`Specimen-1 [SPE0-97767926-20200515150950010993_._Front_of_Pizzeria.pdf ]
`Specimen-2 [SPE0-97767926-20200515150950010993_._Slice_of_Life_Website_Screenshot.pdf ]
`
`The owner's/holder's proposed attorney information: Steven M. Forte. Other appointed attorneys are
`Anton J. Hopen, Andriy Lytvyn, Nicholas Pfeifer, Michele L. Lawson, Paul Murty. Steven M. Forte of
`Smith & Hopen, P.A., is a member of the Florida bar, admitted to the bar in 2018, bar membership no.
`1010712, and the attorney(s) is located at
`      180 Pine Ave. North
`      Oldsmar, Florida 34677
`
`

`

`      United States
`      813-925-8505(phone)
`      800-726-1491(fax)
`      trademarks@smithhopen.com
`The docket/reference number is 3567.01.
`Steven M. Forte 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:
`
`      Steven M. Forte
`
`       PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@smithhopen.com
`       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 $225 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: /steven m forte/   Date: 05/15/2020
`Signatory's Name: Steven M. Forte
`Signatory's Position: Attorney of Record, Florida Bar Member
`Signatory's Phone Number: 813-925-8505
`
`Thank you,
`
`The TEAS support team
`Fri May 15 15:55:01 ET 2020
`STAMP: USPTO/FTK-97.76.79.26-20200515155500975172-88918410-
`7104f2e7fecc465c671a1ad9ce177cb8f15ed72feb41de937ca38fe6d7d4bdcbc-CC-54590955-
`20200515155332609785
`
`

`

`Exhibit E
`
`Exhibit E
`
`

`

`9123 Little Rd, New Port Richey, FL 34654
`to 188 Mariner Blvd
`
`Drive 16.7 miles, 26 min
`
`Map data ©2020 INEGI, Google
`
`2 mi
`
`9123 Little Rd
`New Port Richey, FL 34654
`
`Follow Crane's Roost Dr to Little Rd
`
`1. Head south toward Crane's Roost Dr
`
`2. Turn left onto Crane's Roost Dr
`
`1 min (364 ft)
`
`30 ft
`
`335 ft
`
`Continue on Little Rd. Take County Line Rd to Quality Dr in
`Spring Hill
`
`25 min (16.5 mi)
`
`3. Turn left onto Little Rd
`Pass by Wendy's (on the right in 4.8 mi)
`
`8.1 mi
`4. Use the right 2 lanes to turn right onto US-19 N
`2.7 mi
`
`

`

`5. Turn right onto County Line Rd
`Pass by Advance Auto Parts (on the right in 5.2 mi)
`
`6. Slight left at Old Shady Hills Rd
`
`7. Use the right lane to turn left at the 1st cross
`street onto Mariner Blvd
`Pass by Jiffy Lube (on the right)
`
`5.4 mi
`
`0.2 mi
`
`0.2 mi
`
`32 s (289 ft)
`
`187 ft
`
`62 ft
`
`39 ft
`
`Continue on Quality Dr to your destination
`
`8. Turn right onto Quality Dr
`
`9. Turn right
`
`10. Turn right
`Destination will be on the left
`
`188 Mariner Blvd
`Spring Hill, FL 34609
`
`These directions are for planning purposes only.
`You may ind that construction projects, traic,
`weather, or other events may cause conditions to
`differ from the map results, and you should plan
`your route accordingly. You must obey all signs or
`notices regarding your route.
`
`