Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1282264
`
`Filing date:
`
`05/02/2023
`
`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
`
`Brian R Blazer
`
`Individual
`
`230 COUNTY ROAD 880
`HEFLIN, AL 36264
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney informa-
`tion
`
`JOHN M. OSMANSKI
`THEOREM LAW, LLC
`P.O. BOX 511485
`MILWAUKEE, WI 53203
`UNITED STATES
`Primary email: John@TheoremIP.com
`262-404-7026
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`5440186
`
`Registration date
`
`04/03/2018
`
`Register
`
`Registrant
`
`Supplemental
`
`Best Bee Brothers, LLC
`12745 W. TOWNSEND RD.
`BROOKFIELD, WI 53005
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 021. First Use: Feb 1, 2016 First Use In Commerce: Feb 1, 2016
`All goods and services in the class are subject to cancellation, namely: Insect traps
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 23(a) and 2(d)
`
`No use of mark in commerce before application,
`amendment to allege use, or statement of use
`was due
`
`Registrant not rightful owner of mark for identi-
`fied goods or services
`
`Fraud on the USPTO
`
`Trademark Act Sections 24 and 1(a), (c), and (d)
`
`Trademark Act Sections 23(a) and 1
`
`Bruce Foods Corp. v. B.F. Trappey's Sons, Inc.,
`192 USPQ 725 (TTAB 1976)
`
`

`

`Mark cited by petitioner as basis for cancellation
`
`U.S. application
`no.
`
`97899366
`
`Application date
`
`04/20/2023
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`BEST BEE TRAP
`
`NONE
`
`Class 021. First use: First Use: May 9, 2010 First Use In Commerce: May 9,
`2010
`Insect traps
`
`Attachments
`
`Petition.pdf(1853583 bytes )
`
`Signature
`
`/John M. Osmanski/
`
`Name
`
`Date
`
`John Osmanski
`
`05/02/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Registration No. 5,440,186
`For the mark: Best Bee Trap
`Registered: April 3, 2018
`
`
`– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – X
`
`
`
`Brian Robert Blazer d/b/a
`
`Carpenter Bee Solutions,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner,
`
`
`
`v.
`
`Best Bee Brothers, LLC,
`
`:
`
`
`
`:
`
`:
`
`:
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`:
`
`:
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`:
`
`:
`
`:
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`
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`
`
`
`
`
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`
`
`
`
`Respondent.
`
`– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – X
`
`
`
`
`
`Cancellation No.
`
`
`
`
`
`
`
`
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`
`
`PETITION FOR CANCELLATION
`
`
`
`Brian Robert Blazer, doing business as Carpenter Bee Solutions (“Petitioner”), an individual /
`
`sole proprietorship and existing under the laws of Alabama, with a principal place of business at
`
`230 County Road 880, Heflin, Alabama 36264, believes that it has been and will continue to be
`
`damaged by U.S. Trademark Registration No. 5,440,186 for the mark Best Bee Trap, and hereby
`
`petitions for cancellation of same pursuant to 15 U.S.C. § 1091, 15 U.S.C. § 1092 and 15 U.S.C.
`
`§ 1051.
`
`As grounds for cancellation, Petitioner alleges as follows:
`
`

`

`1.
`
`Petitioner invented and patented an insect trap (specifically a carpenter bee trap)
`
`and has been manufacturing, distributing, offering for sale, selling, marketing, advertising and
`
`promoting the patented insect traps (U.S. Patent No. 8,375,624 / U.S. Reissue Patent No.
`
`RE46,421) since at least 2010 with the mark, Best Bee Trap. A copy of true and correct copies of
`
`Petitioner’s website offering the patented insect trap with the Best Bee Trap mark as of May 9,
`
`2010 is attached as Exhibit 1.
`
`2.
`
`Petitioner is the owner of common law rights in the Best Bee Trap mark and has a
`
`pending application, Serial No. 97899366, filed with the United States Patent and Trademark
`
`Office for the trademark Best Bee Trap in connection with insect traps, which. Attached as
`
`Exhibit 2 is a true and correct printout from the United States Patent and Trademark Office
`
`electronic database showing the current status and title of the application as of April 24, 2023.
`
`3.
`
`Upon information and belief, Respondent, Best Bee Brothers, LLC, with an
`
`address at 12745 W Townsend St. Brookfield, Wisconsin 53005, on September 22, 2017, filed
`
`trademark Application Serial No. 87619399 to register the mark Best Bee Trap (the “Best Bee
`
`Trap mark”) for insect traps in International Class 021, which subsequently registered on the
`
`supplemental register as Registration No. 5,440,186.
`
`4.
`
`Because the Best Bee Trap mark and the insect traps identified in Respondent
`
`Registration No. 5,440,186 are the both the same the mark and goods identified in Petitioner’s
`
`application, it is anticipated that the USPTO will issue an office action refusing registration to
`
`the Petitioner’s application on the basis of a likelihood of confusion with Respondent's registered
`
`Best Bee Trap mark as identified in Registration No. 5,440,186, thereby interfering with
`
`Petitioner’s application and causing harm to Petitioner. Petitioner therefore has a real interest in
`
`
`
`2 of 9
`
`

`

`seeking cancellation of the Respondent Registration and the entitlement to a statutory cause of
`
`action to bring this action.
`
`5.
`
`Petitioner’s patented carpenter bee trap is one of the highest selling carpenter bee
`
`trap in the United States and sells between about 250,000 and 350,000 carpenter bee traps
`
`through itself and its licensees yearly.
`
`6.
`
`As a result of its widespread, continuous, and exclusive use of the Best Bee Trap
`
`mark to identify insect traps and Petitioner as their source for at least the past 13 years, Petitioner
`
`owns valid and subsisting common law rights to the Best Bee Trap mark.
`
`7.
`
`Petitioner's Best Bee Trap mark has become distinctive to both the consuming
`
`public and Petitioner's trade.
`
`8.
`
`Petitioner has expended substantial time, money, and resources licensing,
`
`enforcing, marketing, advertising, selling and promoting the insect traps sold under the Best Bee
`
`Trap mark including through online, retail, and wholesale channels.
`
`9.
`
`Between about October 2015 and October 2017, Petitioner entered into multiple
`
`licensing agreements with Respondent (and its related company RSP, INC. both owned by the
`
`same individuals) to license Petitioner’s Best Bee Trap mark and patent for use in connection
`
`with the manufacturing, sale, marketing, and distribution of Petitioner’s patented insect trap.
`
`10.
`
`Respondent did not use the Best Bee Trap mark on insect traps before licensing
`
`the mark from Petitioner.
`
`
`
`3 of 9
`
`

`

`11.
`
`Petitioner and Respondent are competitors as they both sell insect traps, carpenter
`
`bee traps specifically, through the same channels of trade: online, retail, and wholesale.
`
`12.
`
`In October 2017 Respondent’s license terminated and they did not renew a license
`
`with Petitioner, however they kept using the Best Bee Trap mark for sale of insect traps without
`
`Petitioner’s permission as well as infringing Petitioner’s patent.
`
`13.
`
`Attached as Exhibit 3 is a true and correct copy of a representative sample of
`
`Respondent’s packaging utilizing Petitioner’s Best Bee Trap mark on its patented insect trap
`
`pursuant to the licenses Petitioner entered into with Respondent.
`
`14.
`
`The packaging shown in Exhibit 3 was sold by Respondent while Respondent was
`
`licensing the Best Bee Trap mark from Petitioner and also after Respondent’s license expired,
`
`without the permission of Petitioner. The packaging also prominently displays an image of
`
`Petitioner and a description of him as the inventor of the Best Bee Trap branded insect trap,
`
`further identifying Petitioner as the source of insect traps marketed and sold under the Best Bee
`
`Trap mark.
`
`15.
`
`In 2020 Petitioner filed a patent infringement lawsuit against Respondent in the
`
`Eastern District of Wisconsin (2:20-cv-00480-BHL). Despite the patent infringement lawsuit and
`
`repeated attempts to ask Respondent to stop using Petitioner’s Best Bee Trap mark, Respondent
`
`has refused and continues to use the Best Bee Trap mark on insect traps.
`
`16.
`
`On September 22, 2017, when Registrant submitted its application maturing into
`
`Registration No. 5,440,186, it supplied a specimen to the USPTO disclosing the Best Bee Trap
`
`
`
`4 of 9
`
`

`

`mark used in connection with insect traps. A true and correct copy of the specimen submitted is
`
`attached as Exhibit 4.
`
`17.
`
`On September 22, 2017, when Registrant submitted is application which matured
`
`into Registration No. 5,440,186, Registrant was licensing the Best Bee Trap mark from
`
`Petitioner as well as licensing his patented insect trap invention for use with the Best Bee Trap
`
`mark. Exhibit 3 even shows a video of the Petitioner explaining the invention under the heading,
`
`“Product Video” and refers to the licensed patented insect trap in the product description.
`
`18.
`
`Attached as Exhibit 5 are screenshots of a text message sent to Petitioner by
`
`Respondent’s secretary, Elle, on November 27, 2017 with a sales report of sales of the licensed
`
`patented insect trap utilizing the Best Bee Trap Mark and stating that October 1, 2017 as an end
`
`date to Respondent’s license with Petitioner of the Best Bee Trap mark.
`
`19.
`
`At the time Respondent filed its application, it did not own the Best Bee Trap
`
`mark.
`
`20.
`
`At the time Respondent filed its application, it knew it did not own the Best Bee
`
`Trap mark.
`
`21.
`
`At the time Respondent filed its application, it did not have permission from
`
`Petitioner to file an application on the Best Bee Trap mark.
`
`22.
`
`Petitioner first discovered the existence of Registration No. 5,440,186 about
`
`December 2022.
`
`
`
`5 of 9
`
`

`

`23.
`
`Respondent indicated in its application, supporting use in commerce of the Best
`
`Bee Trap mark on insect traps by Respondent, a date of first use as early as February 1, 2016,
`
`however Respondent was a licensee of Petitioner of the Best Bee Trap mark during this time.
`
`24.
`
`Even if Respondent was not a licensee (which it was), Petitioner has priority as
`
`Respondent’s February 1, 2016, is about 6 years after Petitioner began using Petitioner's Best
`
`Bee Trap mark. As such, Petitioner's use date predates the Respondent's filing date/alleged date
`
`of first use or any other date on which the Respondent may rely for purposes of priority.
`
`25.
`
`Since Respondent was a licensee of Petitioner, any use of the Best Bee Trap mark
`
`by Respondent inures to the benefit of the Petitioner and thus Respondent was not able to rely on
`
`first use date of as early as February 1, 2016.
`
`26.
`
`As part of the application, owner of Respondent, Paul P. Ryan, signed and
`
`submitted a declaration on September 22, 2017 (a true and correct copy of which is attached as
`
`Exhibit 6) stating in part that:
`
`a. The signatory believes that the Respondent is the owner of the trademark/service
`
`mark sought to be registered;
`
`b. The mark is in use in commerce on or in connection with the goods/services in the
`
`application;
`
`c. The specimen(s) shows the mark as used on or in connection with the goods/services
`
`in the application;
`
`
`
`6 of 9
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`

`

`d. To the best of the signatory's knowledge and belief, the facts recited in the application
`
`are accurate;
`
`e. 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;
`
`f. 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; and
`
`g. 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.
`
`27. Mr. Ryan, with knowledge and intent, willfully submitted a false declaration in
`
`the application resulting in Registration No. 5,440,186, knowing full well that Respondent did
`
`not own the Best Bee Trap mark, that the Best Bee Trap mark was being licensed from Petitioner
`
`for use on insect traps, that Respondent did not have permission to use the Best Bee Trap mark
`
`but for the license with Petitioner, and that facts in the application were inaccurate.
`
`
`
`7 of 9
`
`

`

`28.
`
`The only reasonable inference from the foregoing is that Mr. Ryan submitted the
`
`false declaration on Respondent's behalf to mislead the USPTO and to cause the USPTO to issue
`
`Registration No. 5,440,186.
`
`29.
`
`The false statements by Mr. Ryan were material because but for the false
`
`statements, the USPTO would not have granted the Respondent Registration. However, in
`
`reliance on the false Representation, the USPTO issued the Respondent a registration of the Best
`
`Bee Trap mark April 3, 2018.
`
`30.
`
`Petitioner has been and will continue to be harmed by the continued registration
`
`of Registration No. 5,440,186 because it will prevent Petitioner from obtaining a registration for
`
`its Best Bee Trap mark and Respondent could rely on the Registration No. 5,440,186 to support
`
`other applications (like co-pending application Serial No. 97259461 owned by Respondent for
`
`Best Bee Trap approved for the principal register and subject to a parallel opposition proceeding
`
`initiated by Petitioner) to assert its alleged rights against Petitioner.
`
`WHEREFORE, Petitioner respectfully requests that its cancellation be sustained, and that
`
`Respondent's Registration No. 5,440,186 be cancelled.
`
`
`
`Dated: May 2, 2023
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`By
`
`_/John M. Osmanski/__
`
`
`John M. Osmanski
`THEOREM LAW, LLC
`P.O. Box 511485
`
`8 of 9
`
`

`

`Milwaukee, WI 53203
`Tel. 262-404-7026
`E-mail: John@TheoremIP.com
`
`
`
`
`
`Attorneys for Petitioner,
`Brian Robert Blazer d/b/a
`Carpenter Bee Solutions
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`9 of 9
`
`
`
`
`
`
`
`

`

`+
`x
`CW bitte :/wabarchiveong/wob/20100S000OZhttp/foeatbestapcom/ediexhtml
`
`
`bees sre an abractant toother carpenter bees To discard afull bottle, smmply umcrew it an puton aap Replace # with another starciard bottle Although te carpenter bees are most actn ¢ enddo ther
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`stessocsegen
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`The Best Bee Trap: $19 95 - MoneyBack Guarantee.
`[De you needto get rid ofcarpenter bees” Do you have acarpenter bee infestation ot a carpenter bee problem” We can help you get rid ofandcomrol carpemer bee problems Thebolesin thecarpenter bee tap mmic
`the entrance ofa campenterbeemest Nobait or poison is needed These carpenterbee traps havebeen extensively temted and work sowellthat wehave 2 100%money backguarentee 41 18thecarpenter bee trap that
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`INSTRUCTIONS:CarpenterBeeTraplusiructionalVideo
`‘Smmplyscrewan empty plaste bot le on the carpenter bee trap (a smallbole im thebovomofthe borde 9 ill prevent # flam fillingwith water) Place caspenterbee traps anywhere you see carpemerbees ‘Tbe
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`Designed & buik inthe great state ofALABAMA
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`

`

`Apeit 7:2023
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`For bulk pricing, please call (256) 253-2019.
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`‘Our Products Have A 100% Money Back Guarantee: All You Have To Lose Are Carpenter Bees!!!
`Select the quantity ofthe item(s) you want te purchase, amd click the Buy Nowbutton start vour onder,
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`Save byondéring mvo or moretraps!
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`Save by ordering three ot mote bee butters!
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`Your information will be kepe private. We do not give your information to anyone elec.
`We also take cashier's checks and US postal money orders. We deo wot accept personal checks.
`Please mail coshaer's checks and money orders to
`BrianBlazer
`730 County Ra 880
`Heflin, AL 36264
`
`

`

`Exhibit 2
`Exhibit 2
`
`UNITED STATES
`PATENT AND TRADEMARK OFFICE
`
`USPTO>Trademark=TSO>Trademark Seach
`Pave Pacey
`
`Cumcoe
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`Estum That
`Mark Information
`Goods and Services
`Basis Information (Case Level)
`Current Owner(s) information
`Attomey!C.
`pondence informa
`rosecution
`History
`TMStall and Location Info
`Aasign
`Proceedings - Click t
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`Generated oF:
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`Appaoransa Feng fase:
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`UNITED STATES.
`PUMRinseals
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`

`

`Exhibit 3
`Exhibit 3
`
`
`
`

`

`p wasinvented and patentedbyBrian 3
`a. Brian isan exotic animal ee who §
`
`”mrrerpaied wood found
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`U7 BestComperter Bee Tap
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`C|@ Sewe|hips//bestbeetrotterscom/product Whest carpenter bee tap Q #r| le :
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`Home
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`Products+
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`leamMores
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`Aboutlis Wdeos
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`Biog
`
`FindaRetsiler
`
`ContactUs
`
`Home
`
`| Best Bee Trp CaqpesterBee Trap:
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`Best Bee Trap Carpenter Bee Trap
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`The2a tol) cir maton hereosthow & bat you own
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`desgn can catch carpenterbers beforethey makeyourhomether
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`Product Features:
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`© Collectscarpente: beesies © than cthertmps even Oltraps!
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`Exhibit 5
`Exhibit 5
`
`New iMessage
`
`Cancel
`
`To: Elle
`
`Nov 27, 2017 at 12:07 PM
`
`
`
`Hi Brian,it’s been
`awhile! Hopeyouall are
`doing well.
`| noticed
`that your earth link
`email accountis full and
`won't let me send you
`any emails. Here is a
`photo of the check
`summaryfrom the last
`
`go © '
`Q
`*oOovcve0o2zao
`
`

`

`New iMessage
`
`Cancel
`
`To: Elle
`
`
`
`Hi Brian,it’s been
`awhile! Hope youall are
`doing well.
`| noticed
`that your earth link
`email accountis full and
`won't let me send you
`any emails. Here is a
`photo of the check
`summaryfrom the last
`check sent. These are
`just close out orders
`from our October‘st
`end date.
`
`a ©
`g
`*Ooocdoe0d2z0
`
`
`
`

`

`‘=
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`

`

`Exhibit 6
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2018)
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 87619399
`Filing Date: 09/22/2017
`
`NOTE: Data fields with the * are mandatory under TEAS Plus. 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
`
`LITERAL ELEMENT
`
`*MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`DBA/AKA/TA/FORMERLY
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`PHONE
`
`FAX
`
`EMAIL ADDRESS
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`YES
`
`Best Bee Trap
`
`YES
`
`YES
`
`Best Bee Trap
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`Best Bee Brothers, LLC
`
`DBA Best Bee Brothers
`
`12745 W. Townsend Rd.
`
`Brookfield
`
`Wisconsin
`
`United States
`
`53005
`
`414-455-5535
`
`8666152434
`
`XXXX
`
`Yes
`
`WEBSITE ADDRESS
`
`www.bestbeebrothers.com
`
`LEGAL ENTITY INFORMATION
`
`*TYPE
`
`LIMITED LIABILITY COMPANY
`
`* STATE/COUNTRY WHERE LEGALLY ORGANIZED
`
`Wisconsin
`
`

`

`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`* INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`*FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`021 
`
`Insect traps
`
`SECTION 1(a)
`
`At least as early as 02/01/2016
`
`At least as early as 02/01/2016
`
`\\TICRS\EXPORT17\IMAGEOUT
`17\876\193\87619399\xml1\ FTK0003.JPG
`
`Image of our website, selling the Best Bee Trap. Shows
`pricing, description and offers ability to buy.
`
`ADDITIONAL STATEMENTS INFORMATION
`
`*TRANSLATION
`(if applicable)
`
`*TRANSLITERATION
`(if applicable)
`
`*CLAIMED PRIOR REGISTRATION
`(if applicable)
`
`*CONSENT (NAME/LIKENESS)
`(if applicable)
`
`*CONCURRENT USE CLAIM
`(if applicable)
`
`CORRESPONDENCE INFORMATION
`
` 
`
` 
`
` 
`
` 
`
` 
`
`*NAME
`
`FIRM NAME
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. addresses)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`*EMAIL ADDRESS
`
`Best Bee Brothers, LLC
`
`Best Bee Brothers, LLC
`
`12745 W. Townsend Rd.
`
`Brookfield
`
`Wisconsin
`
`United States
`
`53005
`
`414-455-5535
`
`8666152434
`
`customersupport@bestbeebrothers.com;
`bestbeetrap@gmail.com; andy@rspinc.com
`
`*AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`*TOTAL FEE PAID
`
`SIGNATURE INFORMATION
`
`TEAS Plus
`
`1
`
`225
`
`225
`
`* SIGNATURE
`
`/Paul P Ryan/
`
`

`

`* SIGNATORY'S NAME
`
`* SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`* DATE SIGNED
`
`Paul P Ryan
`
`Owner
`
`414-455-5535
`
`09/22/2017
`
`

`

`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2018)
`
` 
`
`Trademark/Service Mark Application, Principal Register
`
`TEAS Plus Application
`
`Serial Number: 87619399
`Filing Date: 09/22/2017
`
`To the Commissioner for Trademarks:
`
`MARK: Best Bee Trap (Standard Characters, see mark)
`The mark in your application is Best Bee Trap.
`
`The applicant, Best Bee Brothers, LLC, DBA Best Bee Brothers, a limited liability company legally organized under the laws of Wisconsin,
`having an address of
`      12745 W. Townsend Rd.
`      Brookfield, Wisconsin 53005
`      United States
`      414-455-5535(phone)
`      8666152434(fax)
`      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 021:  Insect traps
`
`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 021, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least
`as early as 02/01/2016, and first used in commerce at least as early as 02/01/2016, 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) Image of our website, selling the Best Bee Trap. Shows pricing, description and offers ability to buy..
`Specimen File1
`
`For informational purposes only, applicant's website address is: www.bestbeebrothers.com
`The applicant's current Correspondence Information:
`
`      Best Bee Brothers, LLC
`
`      Best Bee Brothers, LLC
`
`      12745 W. Townsend Rd.
`
`      Brookfield, Wisconsin 53005
`
`      414-455-5535(phone)
`
`      8666152434(fax)
`
`      customersupport@bestbeebrothers.com;bestbeetrap@gmail.com; andy@rspinc.com (authorized)
`E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's
`attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address
`must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the
`Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an
`additional processing fee of $125 per international class of goods/services.
`
`

`

`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 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
`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 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: /Paul P Ryan/   Date: 09/22/2017
`Signatory's Name: Paul P Ryan
`Signatory's Position: Owner
`Signatory's Phone Number: 414-455-5535
`Payment Sale Number: 87619399
`Payment Accounting Date: 09/25/2017
`
`Serial Number: 87619399
`Internet Transmission Date: Fri Sep 22 16:53:49 EDT 2017
`TEAS Stamp: USPTO/FTK-XX.XX.XXX.XX-20170922165349519
`670-87619399-51069da93f1f2d9bfb1a187db21
`dcca6b2a5cd72b52cba372797efa72878595244-
`CC-4513-20170922162457969781
` 
`
`

`

`Best Bee [rap
`
`

`

`
`@ Secure | https://bestbeebrothers.com/products/be: -carpenter-bee-trap
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