PTO Form 1478 (Rev 9/2006) |
OMB No. 0651-0009 (Exp 02/28/2018) |
Trademark/Service Mark Application, Principal Register
Serial Number: 86788867 |
Filing Date: 10/15/2015 |
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86788867 |
MARK INFORMATION |
*MARK |
\\TICRS\EXPORT16\IMAGEOUT 16\867\888\86788867\xml1\ RFA0002.JPG |
SPECIAL FORM |
YES |
USPTO-GENERATED IMAGE |
NO |
LITERAL ELEMENT |
HEALTHSMART |
COLOR MARK |
YES |
COLOR(S) CLAIMED
(If applicable) |
The color(s) green and black is/are claimed as a feature of the mark. |
*DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "HEALTHSMART" is in block style. The letters H, E, A, L and T are in green and the letters S, M, A, R and T are in
black. The top and right sides of the green letters are outlined in black. the left and lower sides of all letters are shadowed so that it appears that the word HEALTHSMART is floating. |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
640 x 289 |
REGISTER |
Principal |
APPLICANT INFORMATION |
*OWNER OF MARK |
Healthsmart Natural Product Stores, LLC |
DBA/AKA/TA/Formerly |
DBA Healthsmart |
*STREET |
302 Galleria Plaza |
*CITY |
Beckley |
*STATE
(Required for U.S. applicants) |
West Virginia |
*COUNTRY |
United States |
*ZIP/POSTAL CODE
(Required for U.S. applicants) |
25801 |
PHONE |
(304) 254-4501 |
FAX |
(304) 254-4501 |
EMAIL ADDRESS |
XXXX |
WEBSITE ADDRESS |
www.healthsmartwv.com |
LEGAL ENTITY INFORMATION |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
West Virginia |
GOODS AND/OR SERVICES AND BASIS INFORMATION |
INTERNATIONAL CLASS |
035 |
*IDENTIFICATION |
Retail shops featuring health foods, organic products including soaps and beauty products, vitamins, health supplements, organic oils,
wines and beer |
FILING BASIS |
SECTION 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 10/12/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 01/01/2011 |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPE0-667619919-20151015122230505311_._Franchise_Cover.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\888\86788867\xml1\RFA0003.JPG |
ORIGINAL PDF FILE |
SPE0-667619919-20151015122230505311_._Healthsmart_Logo_Apron.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\888\86788867\xml1\RFA0004.JPG |
SPECIMEN DESCRIPTION |
One specimen shows the logo as used on the owners Franchise Agreement. The other specimen shows the logo printed on aprons worn by
all shop employees throughout the franchise. |
ATTORNEY INFORMATION |
NAME |
Colleen C. McCulloch |
FIRM NAME |
Pullin Fowler Flanagan Brown & Poe PLLC |
INTERNAL ADDRESS |
Suite 201 |
STREET |
600 Neville Street |
CITY |
Beckley |
STATE |
West Virginia |
COUNTRY |
United States |
ZIP/POSTAL CODE |
25801 |
PHONE |
(304) 254-9300 |
FAX |
(304) 255-5519 |
EMAIL ADDRESS |
cmcculloch@pffwv.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
CORRESPONDENCE INFORMATION |
NAME |
Colleen C. McCulloch |
FIRM NAME |
Pullin Fowler Flanagan Brown & Poe PLLC |
INTERNAL ADDRESS |
Suite 201 |
STREET |
600 Neville Street |
CITY |
Beckley |
STATE |
West Virginia |
COUNTRY |
United States |
ZIP/POSTAL CODE |
25801 |
PHONE |
(304) 254-9300 |
FAX |
(304) 255-5519 |
*EMAIL ADDRESS |
cmcculloch@pffwv.com |
*AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
FEE INFORMATION |
APPLICATION FILING OPTION |
TEAS RF |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
275 |
*TOTAL FEE DUE |
275 |
*TOTAL FEE PAID |
275 |
SIGNATURE INFORMATION |
SIGNATURE |
/colleen mcculloch/ |
SIGNATORY'S NAME |
Colleen C. McCulloch |
SIGNATORY'S POSITION |
Attorney of Record, WV Bar No. 4650 |
SIGNATORY'S PHONE NUMBER |
(304) 254-9300 |
DATE SIGNED |
10/15/2015 |
PTO Form 1478 (Rev 9/2006) |
OMB No. 0651-0009 (Exp 02/28/2018) |
Trademark/Service Mark Application, Principal Register
Serial Number: 86788867 |
Filing Date: 10/15/2015 |
To the Commissioner for Trademarks:
MARK: HEALTHSMART (stylized and/or with design, see
mark)
The literal element of the mark consists of HEALTHSMART.
The color(s) green and black is/are claimed as a feature of the mark. The mark consists of the word "HEALTHSMART" is in block style. The letters H, E, A, L and T are in green and the letters S, M, A,
R and T are in black. The top and right sides of the green letters are outlined in black. the left and lower sides of all letters are shadowed so that it appears that the word HEALTHSMART is
floating.
The applicant, Healthsmart Natural Product Stores, LLC, DBA Healthsmart, a limited liability company legally organized under the laws of West Virginia, having an address of
302 Galleria Plaza
Beckley, West Virginia 25801
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:
For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035: Retail shops featuring health foods, organic products including soaps and beauty products, vitamins, health supplements, organic
oils, wines and beer
In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 10/12/2010, and first used in
commerce at least as early as 01/01/2011, 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) One specimen shows the logo as used on the owners Franchise Agreement. The other specimen shows the logo printed on aprons worn by all
shop employees throughout the franchise..
Original PDF file:
SPE0-667619919-20151015122230505311_._Franchise_Cover.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-667619919-20151015122230505311_._Healthsmart_Logo_Apron.pdf
Converted PDF file(s) (1 page)
Specimen File1
For informational purposes only, applicant's website address is: www.healthsmartwv.com
The applicant's current Attorney Information:
Colleen C. McCulloch of Pullin Fowler Flanagan Brown & Poe PLLC
Suite 201
600 Neville Street
Beckley, West Virginia 25801
United States
The applicant's current Correspondence Information: |
Colleen C. McCulloch |
Pullin Fowler Flanagan Brown & Poe PLLC |
Suite 201
600 Neville Street |
Beckley, West Virginia 25801 |
(304) 254-9300(phone) |
(304) 255-5519(fax) |
cmcculloch@pffwv.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. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is
using the mark 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/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention,
and is entitled, to use 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
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. 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 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: /colleen mcculloch/ Date: 10/15/2015
Signatory's Name: Colleen C. McCulloch
Signatory's Position: Attorney of Record, WV Bar No. 4650
RAM Sale Number: 86788867
RAM Accounting Date: 10/15/2015
Serial Number: 86788867
Internet Transmission Date: Thu Oct 15 12:37:21 EDT 2015
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20151015123721941
914-86788867-54069dd3dcbfe5fd29a86e63147
0decb4763b8dee791e9d223a72fefea317883d-C
C-11766-20151015122230505311