TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86508779

Filing Date: 01/20/2015

To the Commissioner for Trademarks:

MARK: COMFORT ZONE (stylized and/or with design, see mark)

The literal element of the mark consists of COMFORT ZONE.
The color(s) orange, blue, teal and black is/are claimed as a feature of the mark. The mark consists of the words Comfort Zone in black, preceded by a design comprised of 3 letters C of small, medium and large size, and respectively the colors teal, blue and orange. The 3 letter Cs are nested with the largest C encircling the medium size C and the medium size C encircling the small C. The letters C alternate in direction with the small C opening to the left, the medium C to the right and the large C to the left.
The applicant, Howard Berger Co., LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      324A Half Acre Road
      Cranbury, Delaware 08512
      United States


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 011:  portable electric fans, ceiling fans, electric space heaters, kerosene space heaters, propane space heaters and humidifiers.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



The applicant's current Attorney Information:
      William Spatz of Lucas & Mercanti, LLP
      30 Broad Street
      New York, New York 10004
      United States
The attorney docket/reference number is 39619-00167.

The applicant's current Correspondence Information:

William Spatz

Lucas & Mercanti, LLP

30 Broad Street

New York, New York 10004

212-661-8000(phone)

212-661-8002(fax)

info@lmiplaw.com;wspatz@lmiplaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. 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 an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application 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: /William Spatz/   Date: 01/20/2015
Signatory's Name: William Spatz
Signatory's Position: Attorney of record, New York bar member
RAM Sale Number: 86508779
RAM Accounting Date: 01/21/2015

Serial Number: 86508779
Internet Transmission Date: Tue Jan 20 18:34:20 EST 2015
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201501201834203
82706-86508779-5306b8692287d9d058868d7dc
fe5d4fdfe71eacd4a36fd1d45e8fc968caf6-CC-
6063-20150120175657077325