PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3346673
REGISTRATION DATE: 12/04/2007

MARK: (Stylized and/or with Design, BRAINSMART (see, mark)

The owner, BrainSmart, Inc., a corporation of Florida, having an address of
      39 Sandy Cove Road,
      Sarasota, Florida 34242
      United States
      2126613656
      2126613656
      XXXX (authorized)
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 016, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Books and pamphlets with instructions and methods and strategies for improving how the brain thinks, learns, reads and communicates ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) book cover.
Specimen File1

For International Class 041, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: Educational services, namely conducting instructional seminars on methods and strategies for improving how the brain thinks, learns, reads and communicates ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) advertisement.

Original PDF file:
SPN1-1736849132-20161219143039722873_._Brainssmart_advert.pdf
Converted PDF file(s) (1 page)
Specimen File1

A fee payment in the amount of $800 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services, or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


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 this submission, 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.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: /wallace collins/      Date: 12/19/2016
Signatory's Name: wallace collins
Signatory's Position: attorney
Signatory's Phone Number: 2126613656

Mailing Address:
   Wallace Collins
   250 East 39th St (9k)
   NEW YORK, New York 10016

Serial Number: 76673187
Internet Transmission Date: Mon Dec 19 14:41:44 EST 2016
TEAS Stamp: USPTO/S08N09-XXX.XX.XX.XXX-2016121914414
4639326-3346673-570d7848ea1b32e2773a5b11
18f438f78e510a8f15445576a1a2adbcb3e72a17
-CC-1215-20161219143039722873