TEAS RF New Application

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)

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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 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 87635510

Filing Date: 10/05/2017

To the Commissioner for Trademarks:

MARK: TEA TREE (stylized and/or with design, see mark)

The literal element of the mark consists of TEA TREE.
The applicant is not claiming color as a feature of the mark. The mark consists of a circle within which is a stylized representation of a tree; underneath the design is the wording TEA TREE.
The applicant, John Paul Mitchell Systems, a corporation of California, having an address of
      20705 Centre Pointe Parkway
      Santa Clarita, California 91350
      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 003:  Hair care preparations, namely, shampoos, conditioners, moisturizers, rinses, non-medicated treatments, mists, thermal protective sprays, spray conditioners, hair gels, spray gels, sculpting foam, sculpting gels, styling serum, styling sprays, styling gels, straightening creams, hair sprays, styling preparations, shine sprays; bar soap; hand soap; shave gel and aromatic oil

In International Class 003, 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 01/01/2001, and first used in commerce at least as early as 01/01/2001, 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) Point of purchase display on applicant's website and photograph of bottle.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3503339, 2811927, 2774228, and others.

The applicant's current Attorney Information:
      Carolyn M. Passen and Floyd A. Mandell, Kristin J. Achterhof, Tanya L. Curtis, Carolyn M. Passen, Julia L. Mazur, Jeff Wakolbinger, Bari L. Nathan and all other attorneys of the firm Katten Muchin Rosenman of Katten Muchin Rosenman LLP      525 West Monroe Street
      Chicago, Illinois 60661
      United States
      312-902-5200(phone)
      3125778994(fax)
      deborah.wing@kattenlaw.com (authorized)
The attorney docket/reference number is 385780-59-TE.

The applicant's current Correspondence Information:

Carolyn M. Passen

Katten Muchin Rosenman LLP

525 West Monroe Street

Chicago, Illinois 60661

312-902-5200(phone)

3125778994(fax)

deborah.wing@kattenlaw.com;chi-tmuspto@kattenlaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, 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 Reduced Fee 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 $275 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: /Carolyn M. Passen/   Date: 10/05/2017
Signatory's Name: Carolyn M. Passen
Signatory's Position: Attorney for Applicant, Illinois bar member
Payment Sale Number: 87635510
Payment Accounting Date: 10/06/2017

Serial Number: 87635510
Internet Transmission Date: Thu Oct 05 17:37:17 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20171005173717019
588-87635510-510ba7acc8e5d35cb94843bbe1a
b5b7c383dd78a7fde5b8fd836267a256eb8b60e6
-DA-4959-20171005171948481261