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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 87819756

Filing Date: 03/05/2018

To the Commissioner for Trademarks:

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

The literal element of the mark consists of NEO.
The color(s) orange and gray is/are claimed as a feature of the mark. The mark consists of the word NEO with the letter O shaded in orange.
The applicant, British American Tobacco (Brands) Limited, a limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Globe House, 4 Temple Place
      London WC2R2PG
      United Kingdom

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 034:  Tobacco, raw and manufactured; tobacco substitutes, not for medical purposes; all of the foregoing for the purpose of being heated but not burnt; electronic devices and their parts for the purpose of heating tobacco, comprising a handheld rechargeable device that user can insert rolled tobacco to smoke, in International Class 34
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Andorra application number 32033, filed 09/12/2017.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on §44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




The applicant's current Attorney Information:
      Nina Shreve and Lisa Mottes of FITZPATRICK, CELLA, HARPER & SCINTO      1290 Avenue of the Americas
      New York, New York 10104
      United States
      212-218-2100(phone)
      212-218-2200(fax)
The attorney docket/reference number is 04012.008120.

The applicant's current Correspondence Information:

Nina Shreve and Lisa Mottes

FITZPATRICK, CELLA, HARPER & SCINTO

1290 Avenue of the Americas

New York, New York 10104

212-218-2100(phone)

212-218-2200(fax)

A fee payment in the amount of $400 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: /Victoria Wisener/   Date: 03/05/2018
Signatory's Name: Victoria Wisener
Signatory's Position: Trade Mark Counsel
Payment Sale Number: 87819756
Payment Accounting Date: 03/05/2018

Serial Number: 87819756
Internet Transmission Date: Mon Mar 05 09:17:46 EST 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20180305091746488
332-87819756-5101b3ce5da6db5f9eea24cad1a
dee4aae822ea510ae9a4d8b763612f38caeb766-
CC-7922-20180227111203546917